In crimes where the accused is a stranger to witnesses, the failure to conduct a Test Identification Parade renders evidence of first-time in-court identification inherently weak and insufficient for conviction, especially when foundational facts connecting the accused to the crime remain unproven.

ORAL JUDGMENT :

1. Heard finally with the consent of learned Advocates of the parties.

2. In this appeal, the challenge is to the judgment and order dated 16.10.2020 passed by the learned Special Judge, Gadchiroli, whereby the learned Judge held the accused guilty of the offences punishable under Section 376(2)(l) of the Indian Penal Code (for short, “the I.P.C.”) and under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short “the POCSO Act”) and sentenced him to suffer rigorous imprisonment for 15 years and to pay a fine of Rs.60,000/-, in default to suffer simple imprisonment for four months. A separate sentence has not been awarded for the offence punishable under Section 376 (2) (l) of the I.P.C.

3. Background facts:-

The informant is the mother of the victim. The victim on the date of the incident was 14 years old. The victim is handicapped as well as mentally retarded. The incident occurred on 02.09.2018. It is the case of the prosecution that the informant, the mother of the victim, had gone to the field of one Nagoji Narnawre for work. At about 01.00 p.m., Nagoji Narnaware went to the field and told the informant to go to her house immediately. Accordingly, the mother of the victim came back to her house. The mother-in-law of the informant narrated the incident to her. The mother-in-law of the informant told her that she had gone to the house of Bhagwan Chaudhari for some time and when she came back she saw the accused in the house of the informant. The accused is a relative of Indubai of her village. She told that the victim was weeping and her clothes were lying on the ground. She told the informant that the accused had committed some mischief with the victim and therefore, she slapped him. She further told the informant that when she tried to close the door of her house, the accused pushed her and ran away.

4. The mother of the victim noticed that the slacks (paijama) and knickers of the victim were lying on the ground and the same were stained with blood. The mother examined private part of the victim and found that there was a bleeding injury. The informant on the basis of information received from her mother-in-law and her personal examination of the victim was satisfied that the accused had committed rape on her mentally ill daughter. She therefore, went to the Police Station and lodged the report.

5. On the basis of the report, the crime bearing No.228/2018 was registered at Armori Police Station, District Gadchiroli, for the offences punishable under Section 376(2)(l) of the I.P.C. and under Sections 4 and 6 of the POCSO Act. PSI Shital Rane (PW-6) carried out the investigation. The victim was referred to the General Hospital, Gadchiroli, for medical examination. The samples were collected. The clothes of the victim were seized. On arrest of the accused, his clothes were seized. On completion of the investigation, PW-6 filed the charge-sheet in the Court.

6. Learned Judge framed the charge against the accused. The accused pleaded not guilty. Prosecution examined six witnesses. Learned Judge on consideration of the evidence, found the said evidence sufficient to prove the charge and held the accused guilty and sentenced him, as above. Being aggrieved by the judgment and order, the appellant has come before this Court in appeal.

7. I have heard Mr. A.C. Jaltare, l