Victim's testimony is crucial in sexual assault cases; it can alone substantiate conviction when credible, supported by medical evidence and witness accounts, despite minor inconsistencies.

CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)

Date : 12-12-2025

1. The appellants along with four other accused persons faced trial in POCSO Case No. 23 of 2014, arising out of Nouhatta P. S. Case No. 173 of 2014 and the learned Additional Sessions Judge, 1st Court-cum-Special Judge, POCSO at Saharsa held the appellant and two other accused persons guilty for committing offence under Sections 341 , 323, 307/34 and 376(g)/34 of the Indian Penal Code and Section 6 of the POCSO Act . The appellants and the other accused persons were convicted and sentenced to suffer imprisonment for a term of one year with fine of Rs. 1,000/-, in default further imprisonment for one month, for committing offence under Section 323 of the IPC; simple imprisonment for one month for committing offence under 341 of the I.P.C.; rigorous imprisonment for 10 years with fine of Rs. 5,000/-, in default further imprisonment for three months for the offence under Section 307/34 of the I.P.C.; and imprisonment for life with fine of Rs. 50,000/- each, in default further imprisonment for one and a half years, for the offence under Section 6 of the POCSO Act .

2. The appellant, namely, Bijali Yadav @ Kamlesh Yadav has preferred Cr. Appeal No. 365 of 2018, assailing the judgement of conviction and the order of sentence, as narrated above.

3. Convicts, Chhedan Yadav @ Khedan Yadav and Rajo Sah also preferred a separate appeal being Cr. Appeal No. 327 of 2018 against the same judgement and order of conviction passed in the above-mentioned case.

4. As both the appeals were filed, assailing the same judgement of conviction and order of sentence, this Court took up both the appeals together for hearing and proceeds to dispose of the appeals by the following common judgement.

5. Brief facts of the case: -

A minor girl, aged about 16 years of village –

Murali, under Darhara outpost, within Police Station- Nouhatta, district – Saharsa made a statement before the Sub- Inspector of Police, Panch Lal Yadav of Darhara outpost on 15th of September, 2014 at about 11.30 a.m., stating, inter alia, that on 14th of September, 2014 (Sunday), at about 11.00 p.m., she was feeding milk to a baby goat (kid). Her younger sister aged about 7 years was sleeping on a cot in front of the entrance gate of their house. While, she was feeding milk to the goat, she lay on the cot where her sister was lying. Eventually, she fell asleep. After some time, at about 11.30 p.m., she suddenly fell down from the cot and woke up. She had a torch in her possession. She lit the torch and found accused Bijali Yadav, Chhedan Yadav and Rajo Sah of the same village caught hold of her and started to pull her to get her to an open field (Badhar) by the side of their house. The victim raised hue and cry and her younger sister woke up. In the meantime, the accused persons took her to an open field outside the village (Bahiyar). The victim was crying for help but the accused persons started assaulting her on her face. Thereafter, Chhedan Yadav and Rajo Yadav caught hold of the hands of the victim and taking advantage, Bijali Yadav committed indecent act with her (mere sath bura karne laga). The victim told them that she identified all of them. On this, the accused persons climb on the chest of the victim and was conversing amongst themselves that since the victim identified them, she would be killed. The victim was crying relentlessly out of fear, which attracted Ramu Mandal, Pradip Mandal and Anil