In sexual assault cases involving minors, the survivor's testimony, when corroborated by medical forensic findings, is sufficient for conviction. Identification parades are corroborative tools; valid in-court identification remains the substantive evidence, and minor omissions in initial reporting do not invalidate well-supported prosecution cases.

JUDGMENT :

PRANJAL DAS, J.

1. Heard Mr. Mr. A. Ahmed and Mr. N. Mahajan, learned counsels for the appellants. Also heard Ms. A. Begum, learned Senior Advocate and Additional Public Prosecutor, Assam and Ms. J. Saikia and Ms. S. Sharma, learned Legal Aid counsels, respondent No. 2.

2. The instant criminal appeal has been preferred under section 374(2) of the Criminal Procedure Code 1973 (as it existed then) by the appellant Basir Uddin against the judgment and order dated 09-12-2019, passed by the learned Sessions Judge, Karimganj, in Special Sessions Case No. 2/2015, whereby the appellant has been convicted under section 376 D IPC r/w section 6 of the POCSO Act 2012, and for such conviction sentenced to undergo imprisonment for life, meaning imprisonment for remainder of his natural life. He was also imposed with a fine of Rs.50,000/- and in default of fine to undergo rigorous imprisonment for 1(one) year.

3. In Criminal Appeal No. 45/2020, the appellant Ramjul Hussain has assailed the same judgment, whereby he was also convicted and sentenced on identical lines. Both these criminal appeals are being disposed of by this common judgment.

4. Before proceeding further, the factual matrix of the prosecution case as revealed before the learned trial court may be narrated as follows –

On 09-03-2015, telephonic information was received at Kalibari outpost under RK Nagar police station in the district of Karimganj, whereby ASI Mihir Malakar informed over phone that three boys had committed rape on a girl at Sunaicherra and large number of people had gathered at the outpost in connection with the matter.

5. On the basis of the information, GD No. 207 dated 09-03-2015 was made. On the same day, i.e. on 09-03-2015, at night, an FIR was lodged at the Kalibari outpost by informant Pilimon Surang with the allegation that on the same day in the evening around 5.30 p.m., his daughter (referred to her as X) and her cousin sister, June, were coming back to their house from a Fair Price Shop and when they reached near the Hanuman Asthan situated at Sunaichara garden, the accused persons caught his daughter, took her to the jungle forcibly and repeatedly committed rape on her at knife point. It was further stated in the FIR that her cousin sister who was with the victim, came running and informed the matter, whereupon the informant along with his relatives recovered his daughter in an unconscious state at the place of occurrence and her footwear was also found at that place.

6. It was further alleged that his daughter was in critical condition and struggling for her life. On the basis of the FIR, Kalibari outpost GD No. 115 dated 09-03-2015 was made and the FIR forwarded to the RK Nagar police station, whereupon RK Nagar PS case No. 33 of 2015 was registered on 10-03-2025 under section 6 of the POCSO Act, 2012. The case was investigated and upon completion of investigation, the I/O upon finding sufficient materials laid charge-sheet being C.S. No. 31 dated 16-