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HIGH COURT OF MEGHALAYA AT SHILLONG
Sanjib Banerjee, W. Diengdoh, J.
Aibor Sohkhwai - Appellant
Versus
State of Meghalaya - Respondent
Crl. A. No. 20/2021
Decided On : 19-04-2022
Section 376(2)(f)(i) - Sexual Offences - Indian Penal Code, 1860, Protection of Children from Sexual Offences Act, 2012 - Section 6
Fact of the Case:
The appellant was convicted for committing the offence of rape under Section 376(2)(f)(i) of the Indian Penal Code, 1860 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012. The victim, a minor, was raped by the appellant and the trial court found the appellant guilty based on the victim's testimony and corroborating evidence.
Finding of the Court:
The trial court found the appellant guilty based on the victim's detailed statement and corroborating evidence from the medical examiner and prosecution witnesses. The court concluded that there was overwhelming material against the appellant and no attempt to establish an alibi, leading to the appellant's conviction and sentencing.
Issues: The issues included the appellant's attempt to dispute the victim's age and the lack of opportunity to adduce evidence or call witnesses. The trial court also addressed the absence of documentary proof of the victim's date of birth and the failure of the defence to dispute the victim's age.
Ratio Decidendi: The trial court emphasized the victim's detailed and natural testimony, the lack of dispute regarding the victim's age, and the absence of any attempt to establish an alibi as key factors in the decision. The court also highlighted the lack of material to demonstrate the appellant's intention to call witnesses and the absence of any eye-witness to the incident.
Final Decision: The appeal was dismissed, and the judgment of conviction and sentencing of the appellant were upheld.
JUDGMENT
Sanjib Banerjee; CJ. - This appears to be an appeal filed in the usual course with a prayer on the lips but with little hope.
2. The appellant herein has been convicted for committing the offence punishable under Section 376(2)(f)(i) of the Indian Penal Code, 1860 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012. The appellant has been sentenced to rigorous imprisonment for 10 years and imposed a fine of Rs.25,000/-. In default of the payment of fine, the appellant is to suffer further simple imprisonment for six months.
3. The first information report was lodged on April 21, 2014, complaining of the minor having been raped on the previous day by the husband of her mother's younger sister.
4. In a detailed statement recorded under Section 164 of the Code of Criminal Procedure, 1973, the victim who was about 13 to 14 years at the time, detailed how her 'Parit' had induced her to accompany him to his home on the ground that his wife was unwell. The minor girl narrated that en route to the residence of her Parit and Meirit, she was forced by the uncle into a jungle and raped between 7 pm and 11 pm. She claimed that the uncle appeared to have been drunk and had even offered her Rs.200/- and asked her not to speak of the incident to any other.
5. The victim recounted that since it was late at night, no one heard her scream as the place was away from the village and the appellant herein had gagged her mouth. The victim said that she was left with no alternative but to accompany the appellant to his house where she spent the night before returning the next morning to her residence and complaining first to her grandmother.
6. Upon the FIR being lodged, the victim was taken to the local community health centre where it was discovered that her hymen was torn as a result of recent sexual intercourse and she complained of tenderness in her private parts. Both the medical examiner and one of the nurses at the centre testified to the effect that the victim narrated how she came to receive the injuries and clearly spelt out that it was the appellant herein who had raped her.
7. In the judgment of conviction of January 29, 2020, the trial court dwelt at length on the initial statement of the victim and how she corroborated such statement in course of her testimony in court. The trial court found that there was almost no dispute that the victim had accompanied the appellant the relevant evening. The trial court recorded the evidence of the other prosecution witnesses, particularly those from the health centre, and came to a conclusion that such evidence matched the victim's allegations of what she suffered.
8. One of the grounds urged in this appeal is that though the appellant herein had indicated in course of his examination under Section 313 of the Code that he would call witnesses, no opportunity was given to the appellant to adduce evidence or to call any witness.
9. On a reading of the appellant's response to the relevant question, it appears that the appellant had casually observed that witnesses would be called. However, there does not appear to be any material on record to demonstrate that the defence had intended to call any witness but was not permitted from so doing by the trial court.
10. The trial court reasoned that merely because there was no eye- witness to the incident, it would not detract from the victim's narration of the incident, particularly since, in course of her testimony, her version came through as being natural and untutored. In any event, no motive of any kind was attributed to the victim on behalf of the appellant herein and no attempt was made by the appellant to establish any alibi.
11. A further point that is urged at this stage is that the trial court did not determine the age of the victim and erred in not requiring an ossification test being conducted on the victim. The appropriate answer to such line of argument is available at paragraph 28 of the impugned judgment of convict
The court emphasized the importance of the victim's testimony, corroborating evidence, and lack of dispute regarding the victim's age in establishing the appellant's guilt for the offence of rape.
The conviction was upheld based on the victim's credible testimony corroborated by other family members, establishing the accused's guilt despite minor inconsistencies and a delay in filing the FIR.
The credibility of the victim's allegations, the principle that discrepancies in details do not undermine the basic story, and the importance of the victim's testimony in the absence of corroborative....
The torn hymen as evidence of sexual assault, the credibility of the victim's allegations, and the failure of the accused to provide a defense or justify naming an alternative offender were central l....
The victim's clear testimony, medical examination, and the appellant's admission of the offence are crucial in establishing the guilt beyond reasonable doubt.
The testimony of a victim in sexual assault cases can be sufficient for conviction if corroborated by credible evidence, including medical reports.
The confession of the accused, the victim's testimony, and the identification of the accused by the victim were pivotal in establishing the offence beyond reasonable doubt.
The conviction of the appellant was upheld based on the victim's consistent testimony and corroborating medical evidence, establishing guilt beyond reasonable doubt.
The conviction for rape can be overturned if the evidence is insufficient to demonstrate the lack of consent, particularly when the victim's own statements indicate a consensual relationship.
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