IMPORTANT POINT
The court established that a victim's testimony in sexual assault cases must be credible and supported by medical evidence to sustain a conviction.

JUDGMENT :

Syed Aftab Husain Rizvi, J.

This criminal appeal has been filed against judgment and order dated 14.9.2017, passed by Special Judge (POCSO Act)/Additional Session Judge, Court No. 6, Shahjahanpur, in Special Case No. 24 of 2015 (State v. Anmol and another) arising out of Case Crime No. 4 of 2015 under Sections 376(d) I.P.C. and 5(Chha)/6 of The Protection of Children From Sexual Offences Act, Police Station Garhiya Rangeen, District Shahjahanpur. The appellants have been convicted for the offences under Sections 376(d) I.P.C. and 5(Chha)/6 of The Protection of Children From Sexual Offences Act and sentenced to undergo life imprisonment for the offence under Section 376(d) I.P.C alongwith a fine of Rs.75,000/- each and in default of payment of fine, to undergo two months additional simple imprisonment and undergo imprisonment for fifteen years each, for the offence under Section under 5(Chha)/6 of The Protection of Children From Sexual Offences Act alongwith a fine of Rs.25,000/- each and in default of payment of fine, to undergo one month's additional simple imprisonment. All the sentences were directed to run concurrently.

2. Case Crime No. 04 of 2015 under Sections 376(d) I.P.C. and 5(Chha)/6 of The Protection of Children From Sexual Offences Act was registered on 8.1.2015 at 10.30 a.m. at Police Station Garhiya Rangeen, District Shahjahanpur on the written information alleging therein that yesterday, at 6.30 p.m., the daughter of the informant had gone to ease herself in the nearby field, where Anmol and Pappu caught hold of her and at the point of country-made pistol, sexually assaulted her, turn-by-turn. The age of the victim is 15 years.

3. S.O. Udaiveer Singh (PW3) took up the investigation, and recorded statements of the informant and the victim. He also collected a Salwar and an undergarment of the victim which she had worn at the time of the incident, sealed it, and prepared its memo. He also inspected the place of occurrence and prepared its site plan. The victim was also sent for a medical examination on the same day. The Investigating Officer collected the medical examination reports, recorded the statements of other witnesses, and after arresting the accused recorded their statements, and on conclusion of the investigation submitted a charge-sheet against both the accused named in the F.I.R.

4. Special Judge/Additional Sessions Judge took cognizance of the charge-sheet. Charges under Sections 376(d) I.P.C. and 5(Chha)/6 of The Protection of Children From Sexual Offences Act were framed against the accused-appellants Anmol and Pappu. The accused pleaded not guilty and claimed to be tried.

5. The prosecution has produced four witnesses, including the informant and the victim in oral evidence. These witnesses have proved 11 prosecution papers marked as Exts. Ka-1 to Ka-11.

6. The statements of the accused were recorded under Section 313 Cr.P.C. The incriminating materials of the prosecution evidence were put to them. Both the accused have denied it. They have also stated that the witnesses have deposed against them due to enmity, the victim has deposed under the pressure of her parents. They have also stated that they are innocent and have been falsely implicated due to village rivalry. The accused have also produced Munna Lala (DW-)1 and Darshan Singh (DW-2) as the defence witnesses. However, no documentary evidence has been produced by them.

7. The learned Trial Court, after hearing the arguments of both the parties, by the impugned judgment, held both the accused-appellants guilty, and sentenced them as above.

8. The informant has deposed as (PW-1). In his examination-in-chief, he has stated that his daughter aged about 15 years had gone to ease herself, where she was caught hold by the accused, Anmol and Pappu. They dragged her inside a wheat field and sexually assaulted her. When she came back, she told him about the incident. The witness further stated that he could not go to the police station in the night