Conviction for sexual assault can rely on victim testimony alone, even in the absence of physical evidence, provided the testimony is credible.

ORDER

(Order of the Court was made by N.Sathish Kumar J.)

Challenging the judgment of conviction and sentence passed by the learned Sessions Judge, Fast Track Mahila Court, Namakkal, in Spl.C.C.No.40 of 2015, dated 09.12.2020, the appellant/sole accused is before this Court with this Criminal Appeal.

2. The case of the prosecution, in brief, is as follows:-

At the time of occurrence, the victim(P.W.2), aged about 14 years, was studying 9th standard at GTR School, Kolli Hills. The victim used to go to school along with her friend (P.W.4) and, after school hours, both of them were usually picked up by P.W.6.

(ii) On 24.06.2015, the victim(P.W.2) along with her friend (P.W.4), went to school. After school hours, while they were waiting for bus at the Semmedu Bus Stop, the accused, who is cousin brother of P.W.4, came there and picked up both of them on his motorcycle, stating that he would drop them at their home. When they were crossing near Madha Temple, the accused stopped the motorcycle and informed them that he would speak to his sister’s daughter and and thereafter drop them. Again, near Arikkalpatti Bus Stop, he stopped the motorcycle and told P.Ws.2 and 4 that there was no petrol in the vehicle and received water bottle on the pretext of buying petrol and immediately thereafter instructed P.W,4 to wait near the motorcycle and took the victim(P.W.2) with him. The accused took the victim(P.W.2) to the backside of a house and against her will, forcibly committed rape on her. When the victim attempted to raise alarm, he tied her mouth and threatened her. As he was unable to succeed vaginal intercourse, he committed anal and mouth intercourse with her.

(iii) Meanwhile, P.W.1(father of the victim), P.W.3(mother of the victim)

and P.Ws,5, 14 to 20, searched for the victim in the surrounding areas, but she could not be traced. Only the undergarment and other clothes of the victim were found. On the next day morning, the victim(P.W.2) was located and thereafter, her father P.W.1 lodged a complaint (Ex.P.1) before the respondent police. (iv) Upon receiving the complaint, P.W.27, Sub Inspector of Police, registered a case in Crime No.3 of 2015 under Sections 366 and 506(ii) IPC and 3 r/w. 4 of POCSO Act and prepared First Information Report (Ex.P.13) and forwarded the First Information Report to the jurisdictional Court and the Investigation Officer.

(v) P.W.28, Inspector of Police, took up the case for investigation and proceeded to the Kollimalai Vazhavantthinadu bus stop and prepared Observation Mahazar-I (Ex.P.14) and drew Rough Sketch-I (Ex.P.15) in the presence of P.W.7, Elangovan and P.W.8, Durairaj. Then, he recorded the statement of the witnesses. Thereafter, he proceeded to the plantations of casuarina, pepper and coffee and prepared Observed Mhazar-II(Ex.P.6) and Rough Sketch-II(EX.P.16) in the presence of Village Administrative Officer Madhaiyan(P.W.9) and one Murugasan and recovered M.O.1 to 6 in the presence of the same witnesses under Seizure Mahazar,Ex.P.7.

(vi) Then, he arrested the accused and recorded his confession statement in the presence of P.W.9 and Murugesan. He recorded the statement of the witnesses. Thereafter, he sent a requisition for medical examination of the accused and the victim .

(vii) P.W.21, Medical Officer attached to the Government Hospital, Namakkal, examined the victim and issued Medical Certificate (EX.P.9) stating that there is no redness, injuries , wounds in external genitalia , hymen intact.

(viii) P.W.22, Medical Officer, attached to the Government Hospital, Namakkal, examined the accused and issued a Medical Certificate (Ex.P.10) stating that there was noth