There is no Gainsaying that in case of sexual assault,sole Testimony could be relied upon but only if the version of such witness qualifies the test if truthfulness and not otherwise -HIgh Court of Patna
TITLE-Laxman Das vs The State of Bihar
DECIDED ON-12/12/2023
+CR.APP(DB)No.490/2023
CORAM-HON’BLE JUSTICE MR.ASHUTOSH KUMAR AND HON’BLE JUSTICE NANI TAGIA
INTRODUCTION
The appeal has been filed by the appellant who is the father of the victim been convicted under section 376 of the IPC and Section 6 of the POCSO Act, passed by the learned 7th Additional Sessions Judge Muzaffarpur has been sentenced to undergo imprisonment for the remainder of his natural life and to pay fine.
FACT
As per the Facts of the case on 12/09/2021 the victim has lodged written report before the officer in charge of Mahila police station alleging that way back in the month of September 2018 ,the appellant under the pretence of treating her, subjected her to sexual intercourse and threatened her not to tell about the incident to anybody.Howevee she communicated this fact to her mother who in turn informed the brothe.Tge victim also stated that the appellant had been married again during the subsistence of his marriage with her mother in April 2021.On the basis of report the appellant was registered for investigation under section 376 of IPC and section 4 of POCSO Act,2012.Where The Trial court after the evidence convicted the appellant under the aforesaid sections.Where The Learned counsel for appellant state that only purpose of filing the case was marriage of the appellant and his ill treatment to his family members and Trial court fell errors in sentencing the appellant for the remainder of his life which sentence could be imposed by the Higher court.Whereas The Learned counsel for opposite party state that the Trial court has rightly analyzed the evidence as there is nothing on record to doubt the credibility and trustworthiness of the victim,her mother and brother.The law with respect to cases involving sexual harassment, molestation etc.by the relative if the victim is well settled by now.The conviction could be recorded on the sole evidence of the prosecutrix.
THE COURT ANALYSIS AND DECISION
As per the Hon’ble court after hearing both the parties and examine entire case it was observed that the detail of the act which has been narrated in the FIR though repeated before the trial court was not stated before the police officer investigating the case.As the court is not in the position to accept the accusation made by the victim,her mother and brother for the reason that they have not proved themselves to be sterling witnesses.There is no gainsaying that in case of sexual assault,sole Testimony could be relied upon but only if the version of such witness qualifies the test if truthfulness and not otherwise.As in the present case The evidence does not inspire confidence about the accusation being correct.The court do reckon that a victim of sexual offences ought never to be put at par with an accomplice as she is the victim of the crime and that there would be no need of any further corrobration but only if her evidence appears to be absolutely reliable.However the court is not convinced with the statements made by the witnesses.For the aforenoted the court set aside the judgement and order of conviction of the appellant and acquit him of all the charges levelled against him.The appeal is allowed.
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Written by- Prachee Novo Mukherjee
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