AGASTA SINGH Vs. STATE OF ODISHA

JUDGEMENT

(1.) The present Appeal has been filed inter alia challenging the order of conviction and sentence passed by the learned Addl. Sessions Judge-cum-Special Judge, Balasore vide judgment dtd. 17/2/2020 in convicting the Appellant of the offence under Sec. 363/376(2)(n) of the Indian Penal Code and by convicting and sentencing the Appellant to undergo RI for a period of 20 years and pay a fine of Rs.25,000.00, in default RI for one year for the offence under Sec. 376(2)(n) of the IPC and to undergo RI for 5 years, pay a fine of Rs.5,000.00, in default RI for one month for the offence under Sec. 363 of the IPC in Special Case No.348 of 2017.

(2.) While assailing the impugned order of conviction and sentence learned counsel appearing for the Appellant contended that basing on the FIR lodged in Simulia PS Case No.219 of 2017 on dtd. 21/7/2017, the prosecution case was set into motion against the Appellant for the offence under Sec. 363/376(2)(n) of the IPC read with Sec. 4, 6 and 8 of the POCSO Act.

(3.) Learned Addl. Standing Counsel on the other hand while supporting the impugned order of conviction and sentence contended that since the victim who was examined as P.W.2, has proved the allegation of rape, no further evidence is required to be laid in support of the allegation of rape. It is contended that in the case of allegation of rape, sole testimony of the victim is sufficient to convict the accused. Since the victim in her deposition as P.W. No.2 as well as in her 164 statement has clearly proved the allegation of rape, no illegality or irregularity can be found with the order of conviction and sentence for the offence u/s. 376(2)(n) of the IPC. In support of the submission, learned Addl. Standing Counsel relied on a decision of the Hon'ble Apex Court in the case of Deepak Kumar Sahu Vs. State of Chhatisgarh, reported in 2025 SCC Online SC 1610. Hon'ble Apex Court in Para-5.5, 5.5.2, 5.5.6 and 5.6 has held as follows:-