The absence of corroborative medical or forensic evidence precludes establishing the guilt of an accused beyond a reasonable doubt in sexual assault cases.

JUDGMENT

T. Amarnath Goud, J. - This present appeal has been filed under Section 374 of Cr.P.C. against the impugned judgment and order dated 09.04.2019 passed by the learned Special Judge, Khowai, Tripura, in case No. Special(POCSO) No.13 of 2018, whereby and whereunder, the appellant has been convicted under Section 376(2)(i) of IPC and sentenced to suffer R.I. for 10 years and to pay a fine of Rs.10,000/-(ten thousand) with default stipulation. Further, the appellant has been convicted under Section 4 of POCSO Act and sentenced to suffer R.I. for 7 years and to pay a fine of Rs.5,000/-(five thousand), with default stipulation.

2. The fact of the case in brief is that on 02.03.2018 at about 14.45 hrs, the complainant, Bishaka Orang, W/o, Sri Rajendra Orang of East Ganki , under Khowai Police Station, Khowai Tripura lodged a written complaint with the officer-incharge of Khowai police station against Sri Samar Orang, the accused-appellant herein alleging inter alia that on 19.02.2018 at about 4.30 P.M., when the complainant was going to bring some water from a nearby tube well of their locality, she noticed that her daughter(name withheld) aged about 4(four) years was playing with other children of their locality in a nearby place of her house and the complainant also notice the accused-Samar Orang also present there beside her house. Subsequently, while the complainant returned home with water to the house, she did not find her daughter either on the spot she was playing or in her house. Thereafter the complainant along with her husband and villagers began to search for her daughter but her daughter could not be traced. Subsequently, on 20.02.2018, in the morning at about 7.00 hours, they got information from a tribal boy of their locality that a female baby is laying in the jungle in injured condition. Immediately, the complainant along with her husband and other villagers rushed to the spot and found that the daughter of the complainant was lying there in the jungle with severe injuries on her body and her private part. Thereafter, the victim girl was moved to Khowai District Hospital thereafter, she was referred to AGMC & GBP Hospital for better treatment. While the victim-girl regained her sense during her treatment, she stated to her mother i.e. the complainant herein and others present there that the accused-person herein had taken her to the jungle on the plea that she will be taken to the uncle's house of the accused person herein. Thereafter, the accused-appellant, Samar Orang sexually assaulted her in the jungle laying her on the ground as the victim was also subjected to physical assault. She received scratch marks on her body and also received bleeding injuries on her person.

3. On received of the aforesaid written complaint, Officer-in-charge, Khowai Police Station registered Khowai Police Station case No.2018/KHW/033, dated 02.03.2018 under Section 376(2)(i) of IPC and under Section 4 of the POCSO Act, 2013 against the accused-Sri Samar Orang, the appellant herein.

4. After investigation, the investigating officer, Women Sub-Inspector Smti. Kamala Rani Murasingh being prime-facie satisfied submitted charge-sheet against the accused-appellant herein for committing offence punishable under Section 376(2)(i)/323 of IPC read with Section 4 of the POCSO Act, 2012.

5. Upon receipt of the charge sheet, learned Special Judge, Khowai, Tripura took cognizance of the offence. During the trial, the accused person pleaded not guilty and claimed to be tried.

6. To prove the charge framed against the appellant, the prosecution examined as many as 14 witnesses which are as follows:-

i) P.W.-1 Smti. Bishakh