The judgment reinforces the stringent application of the POCSO Act in cases of sexual offences against minors, emphasizing the importance of medical evidence and the credibility of child witnesses in establishing guilt.

JUDGMENT

1. Heard Sri Shivanand V.Pattanshetti, learned counsel for the appellant and Sri Gururaj V.Hasilkar, learned High Court Government Pleader.

2. The present appeal is directed against the judgment of conviction and order of sentence passed in Special POCSO Case No.29/2015 on the file of II-Additional Sessions Judge and Special Judge, Vijayapura.

3. Brief facts of the case are as under:

A complaint came to be lodged by Bhimappa stating that his son (victim boy) who is six years old was playing with his friends in the locality on 17/4/2013 at about 12.30 p.m. At that juncture, accused/appellant enticed the victim boy to visit him in the guise of giving dry grape fruits and took him to his house. Victim boy gullibly fell prey to the enticement and went inside the house of the accused. Accused closed the door from inside and removed the nicker of the boy and made him to sleep in prone position and he also disrobed himself and indulged in carnal intercourse with the victim boy and harassed the victim boy despite having the knowledge that the victim boy was aged 6 years and thereby committed the offence under Sec. 377 of IPC read with Ss. 5 and 6 of POCSO Act, 2012. Initially, the FIR was lodged to IIAdditional JMFC Court, Vijayapura and on coming to know that the offences are being committed on the victim boy, who being aged 6 years, a requisition was made to the learned Magistrate to send the matter to the Special Court constituted under the POCSO Act.

4. Thereafterwards, the matter was investigated in detail and chargesheet came to be filed against the accused for the aforesaid offences.

5. Presence of the accused was secured and charges were framed for the aforesaid offences. Since the accused pleaded not guilty, the trial was held against him.

6. In order to prove the case of the prosecution, 13 witnesses were examined on behalf of the prosecution as P.Ws.1 to 13 and documentary evidence were exhibited and marked as Ex.P.1 to P.10 comprising of birth certificate of boy, admission register extract, complaint, spot panchanama, statement of P.W.6, FIR, medical report of the accused and victim boy, requisition made by the Investigating Officer and the statement of the victim boy under Sec. 164 of Cr.P.C.

7. On conclusion of the prosecution evidence accused statement as contemplated under Sec. 313 of Cr.P.C., was recorded by the learned Magistrate where accused denied all the incriminating materials put to him and did not offer any explanation whatsoever in respect of the incident by furnishing any written statement as is contemplated under Sec. 313(5) of Cr.P.C. nor adduced any defence evidence to rebut the presumption available to the prosecution under Sec. 29 and 30 of POCSO Act.

8. Thereafter, the learned Sessions Judge heard the parties in detail and after considering the material on record, passed an order of conviction and sentenced the accused as under:

"Accused is hereby sentenced to undergo rigorous imprisonment of 10 (ten) years for the offence punishable U/s. 377 of IPC r/w Sec.5(m) of Protection of Children from Sexual Offences Act, 2012 punishable U/s.6 of Protection of Children from Sexual Offences Act, 2012 and shall pay a fine of Rs.10, 000.00. In default of payment of fine, accused shall undergo simple imprisonment for a period of 3 (three) months.

So far as awarding of compensation to the victim is concerned, prosecution has not brought on record the financial status of accused to show that he is capable to pay the compensation. Therefore it is liability of the State to pay the compensation to the victim U/s.357(A) of CrPC r/w Rule-7 of POCSO Rules 2012, as prescribed for this type of offences and shall pay the same.

Issue conviction warrant accordingly. Forward the copy of this judgment to the Deputy Commissioner, Vijaypur with a direction to submit the compliance report about the directions issued by this court within fortnight.

Furnish the copy of this judgment to the accused forthwith."

9. Being aggrieve