ARIFUL HAQUE MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In a case under Sec. 376 of the Indian Penal Code (hereafter 'IPC' for short) it is accepted principle of appreciation of evidence that the testimony of the victim is vital and unless there are compelling reasons which necessitated looking for corroboration of her statement, the court should find no difficulty to act on the testimony of a victim in an offence of sexual abuse alone to convict the accused where her testimony inspires confidence. In other words, if the evidence of the prosecutrix is wholly trustworthy, cogent, believable and unblemished, conviction can be based on the sole testimony of the victim.

(2.) In Sessions Trial No.31(7) of 2016, the appellant was convicted by the learned trial court for committing offence under Sec. 376/342 of the Indian Penal Code. For the offence under Sec. 376 of the IPC, the appellant was sentenced to suffer rigorous imprisonment for seven (7) years with fine and default clause. The appellant was further sentenced to undergo simple imprisonment for one (1) year with fine and default clause for the offence under Sec. 342 of the IPC.

(3.) It is found from the Lower Court Record that during trial, prosecution examined twelve witnesses. Amongst them, the defacto complainant is the prosecutrix herself. PW-2 Jahanara Bibi is the Aunt, PW-3 Jamuna Mondal is the mother and PW-5 Mujibar Mondal is the father of the prosecutrix. PW-8 Dr. Sundarlal Hembram is the Medical Officer who held medico legal examination of the prosecutrix. The remaining witnesses produced on behalf of the prosecution were declared hostile. PW-12 is the investigating officer of the case.