IMPORTANT POINT
The victim's testimony, even without corroboration, can be sufficient for conviction in cases of sexual assault, and the presumption of guilt under the POCSO Act can be applied.

JUDGMENT

1. Accused in Sessions Case No.08 of 2015 on the file of the learned Special Judge Constituted under Protection of Children from Sexual Offences Act-cum-Additional Metropolitan Sessions Judge, Vijayawada [for short, "the trial Court"], is the appellant herein. He was tried for the offences punishable under Sec. 366, 342, 376(2) r/w Sec. 376(2)(n) of the Indian Penal Code, 1860 [for short, "I.P.C."] and Sec. 6 r/w 5(1) of the Protection of Children from Sexual Offences Act, 2012 [for short, "POCSO Act"].

2. Vide Judgment, dtd. 1/7/2015, the learned Sessions Judge convicted the Accused under Sec. 235(2) of Cr.P.C. Accordingly, he was sentenced to suffer Rigorous Imprisonment for three (3) years and to pay a fine of Rs.10,000.00 (Rupees Ten Thousand only), in default, to suffer Simple Imprisonment for six months for the offence under Sec. 366 I.P.C. Further, he was sentenced to suffer Rigorous Imprisonment for ten (10) years and to pay a fine of Rs.20,000.00 (Rupees twenty thousand only), in default, to suffer Simple Imprisonment for six months for the offence punishable under Sec. 376(2) r/w Sec. 376(2)(n) I.P.C., alternatively Sec. 6 r/w 5(1) of POCSO Act. Both the sentences were directed to run concurrently. The fine amount of Rs.30,000.00 was directed to be paid to the victim girl towards compensation. However, the accused was found not guilty of the offence punishable under Sec. 342 of I.P.C. Accordingly, he was acquitted.

3. For the sake of convenience, the parties will be referred to as arrayed before the trial Court.

4. Considering the nature of the crime, I am not disclosing the victim's name, members of her family, as well as the witnesses of that area (locality); therefore, wherever required, they have been described by their witness number.

5. The prosecution case, as elucidated in the written report-Ex.P1, dt.5/11/2014 submitted by PW.1 (mother of P.W.2-victim), unfolds as follows: On 3/11/2014 at 9:00 a.m., PW.2, her daughter, left for work at the binding shop as usual, but she did not return in the evening. Concerned about her daughter's absence, PW.1 contacted a person named Narasimha Rao, who informed her that her daughter had not shown up for work. On 5/11/2014, PW.1 went to the I Town Police Station and filed Ex.P1, the written report, to report her daughter's disappearance.

6. Based on the Ex.P1 report, P.W.11-Head Constable registered as a case in Crime No.669 of 2014 under the Head Girl Missing; Ex.P10 is the F.I.R.; recorded the statements of P.Ws.1, 3, 4 and 5. Later, the P.W.13- Inspector of Police took up the investigation and he asked the Woman Head Constable to record the statement of P.W.2-victim on 11/11/2014 where she stated about the sexual assault by the accused against her; based on the said statement, he altered the Sec. of law to Sec. 343, 376(2)(n) I.P.C. and Sec. 6 of POCSO Act from "Girl Missing"; Ex.P11 is the altered F.I.R.; later he sent the victim girl to Government Hospital for medical examination along with Woman P.C., P.W.8-Dr. R. Sowjanya examined the victim girl and issued an Ex.P6-wound certificate; she received an Ex.P7-RFSL report, which reveals that blood and semen are not detected on specimens and 7/1/2015 she issued a final opinion with an observation that "even though chemical analysis report came as negative, clinically there was evidence of sexual intercourse". During the investigation, the Investigation Officer recorded the statements from various witnesses, including the victim. The Investigation Officer gathered the medical evidence and other relevant evidence. Subsequently, on 17/11/2014, the accused was arrested under the cover of Ex.P5-Mediators' report. Upon concluding the investigation, P.W.12- Inspector of Police filed a charge sheet against the accused for the offences punishable under Ss. 343, 376(2)(n) I.P.C. and Sec. 6 of the POCSO Act.

7. The Special Judge Constituted under the Protection of Children from Sexual Offences Act -cum-Additional Metropolita