The single judge bench of the Jharkhand High Court held that in the case of sexual assault, a solitary account of the prosecutrix is sufficient to bring home a charge against the accused, provided that her testimony is cogent, reliable, and trustworthy.
Brief facts
The factual matrix of the case is that the prosecutrix is minor and it was alleged in the FIR that she had gone for grazing the cattle. Then, the appellant came from behind and caught hold of her, laid her on the ground, and started groping her breast. somehow, she saved herself. The FIR was registered under Section 8 of the POCSO Act against the appellant. The learned trial court convicted the Appellant. Aggrieved by this, the present appeal is filed.
Contentions of the Appellant
The Appellant contended that the Appellant tried to rescue the victim when the lizard had fallen on her and there was no intention to outrage the modesty of the girl. It was furthermore contended that a monetary demand was made by the informant and when the demand was not fulfilled, the false case was lodged.
Contentions of the State
The State contended that there exists no past enmity between the parties on which inference of false implication can be drawn that a false case has been registered to extort money from the appellant.
Observations of the court
The Hon’ble Court observed that If the prosecutrix's testimony is convincing, trustworthy, and reliable, it is enough to establish charges against the accused in a sexual assault case.
The court noted that twelve witnesses were examined and apart from an informant and the Investigating Officer all supported the prosecution case.
Based on these considerations, the court affirmed the judgment passed by the learned trial court.
The decision of the court
With the above direction, the court dismissed the appeal.
Case title: Munshi Lal Mahto @ Babulal Mahto V. The State of Jharkhand
Coram: Hon’ble Mr. Justice Gautam Kumar Choudhary,
Case No.: Cr. Appeal (S.J.) No. 582 of 2017
Advocate for the Appellant: Mr. Asit Baran Mahto, Advocate
Advocate for the State: Mr. Ruby Pandey, APP
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