Testimonial inconsistencies and lack of corroboration undermine a conviction for rape, especially when based solely on a victim's testimony.

JUDGMENT :

D. Dash, J.

The Appellant, by filing this Appeal, from inside the jail, has called in question the judgment of conviction and order of sentence dated 08.12.2017 passed by the learned Sessions Judge-cum-Special Judge, Kandhamal, Phulbani in Criminal Trial No.140 of 2016 arising out of G.R. Case No.201 of 2016 corresponding to Balliguda P.S. Case No.68 of 2016 on the file of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Baliguda.

The Appellant (accused) thereunder has been convicted for commission of offence under sections 376(2)(n) of the Indian Penal Code, 1860 (for short, ‘the IPC ’) and section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, S.C. & S.T. (PoA) Act. Accordingly he has been sentenced to undergo imprisonment for life and pay a fine of Rs.50,000/- (Rupees Fifty Thousand) in default to undergo rigorous imprisonment for a period of one year on each count with the stipulation that the substantive sentences would run concurrently.

2. Prosecution Case:-

On 17.05.2016 around 9 p.m., the victim (P.W.1) aged about 19 years who was then residing at village Maningkuti had come to the bus stand at Baliguda. Another girl who happens to be her maternal uncle’s daughter had accompanied her and they were to proceed to Berhampur. The accused is the brother of that girl who had accompanied P.W.1, i.e., he is the son of the maternal uncle of P.W.1 and as such a brother. The accused having arrived there asked P.W.1 to go with him to bazar as he would cause her photographs to be taken in the bazar. P.W.1 in good faith accompanied the accused. The accused then took P.W.1 on his bicycle to village Sindrigaon. It is stated that accused having taken P.W.1 to a deserted by-lane forcibly committed sexual intercourse upon her and raped her. The accused then took her deep into the jungle and committed repeated sexual intercourse with her during the night. Around 5 a.m. in the morning, the accused abandoned the victim (P.W.1) somewhere near village Sindrigaon. Being exhausted, the victim (P.W.1) went to Maningkuri and disclosed about the incident to her mother (P.W.2). . In the absence of the Inspector-in-Charge of the Police Station, she lodged report with the Sub-Inspector of Police (S.I.), Baliguda Police Station on 19.05.2016 around 1 p.m.

The S.I. receiving the above written report from the victim (P.W.1) treated the same as F.I.R. and after registration of the case, requested the Sub-Divisional Police Officer (S.D.P.O.-P.W.6) to proceed with the investigation. During investigation, P.W.6 directed the lady S.I. to record the statement of the victim (P.W.1) in his presence.

3. In course of investigation, the Investigating Officer examined the victim, visited the spot and prepared the spot map. He sent the victim P.W.1 to the Sub-Divisional Hospital (SDH), Baliguda for her medical examination under requisition. On the same day, he also apprehended the accused and sent him for medical examination under requisition. Materials in support of the rape being committed upon the victim (P.W.1) to be collected, on completion of the investigation, final form was submitted placing the accused for trial for commission of offences under section 376(2)(n) of the IPC and section 3(2)(v) of the S.C./S.T. (PoA).

4. Receiving the final form, learned S.D.J.M., Baliguda took cognizance of said offences and after observing all the formalities, committed the case to the Court of Sessions. That is how the trial commenced against these accused persons by framing the charge for the above mentioned offences.

5. The plea of the defence is that of complete denial and false implication.

6. The prosecution, during trial, in total has examined six