The court confirmed the conviction under IPC and POCSO Act, emphasizing that the prosecution proved the charges beyond reasonable doubt through credible testimony and medical evidence.

JUDGMENT :

J.M.KHAZI, J.

Through this appeal, filed under Section 374 (2) of the Code of Criminal Procedure , the accused has challenged his conviction and sentence for the offence punishable under Sections 377 IPC and Sections 4 and 6 of POCSO Act.

2. For the sake of convenience, parties are referred to by their ranks before the trial Court.

3. Based on the complaint filed by the maternal uncle of the victim boy, the concerned police registered case in Cr.No.56/2022 and after detailed investigation filed charge sheet for the offences punishable and Section 377 IPC and Section 4 of the POCSO Act. It is alleged that on 15.03.2022 at 2.00 p.m, while the victim boy aged about six years was playing in front of the shop of Abdul Karim Alji situated at Kagal Hini village, accused lured the victim boy of giving a ride on his motorbike bearing registration No.KA–47/S-6607 and took him near Aghanashini river at a distance of about one and half kilometres and after parking the motorbike by the side of the road, put the victim boy, face down on the petrol tank of the motorbike, slipped his pant below his waist and similarly slipped his i.e. accused pant and underwear and inserted his penis into the anus of the victim, resulting in bleeding and thereby committed the offences punishable under Section 377 IPC and Section 4 of POSCO Act.

4. During investigation, the accused was arrested. Both accused and the victim boy were subjected to medical examination. The clothes of the accused and victim boy were subjected to FSL examination. After completing detailed investigation charge sheet was filed.

5. The trial court framed charge against the accused for the offence punishable under Section 377 IPC and Sections 4 and 6 of POCSO Act. Accused pleaded not guilty and claimed trial.

6. In order to prove the allegation against the accused, the prosecution has examined PWs-1 to 24 and relied upon Exs.P1 to 50 and MO-1 pant.

7. During the course of his statement under Section 313 Cr.P.C accused has denied the incriminating evidence led by the prosecution.

8. Accused has not led any defence evidence.

9. Vide the impugned judgment and order the trial Court convicted the accused for the offences punishable under Section 377 IPC and Sections 4 and 6 of POSCO Act and sentenced him to undergo rigorous imprisonment for 20 years and pay fine of Rs.1,00,000/- with default sentence of imprisonment.

10. Aggrieved by the same, the accused filed this appeal, contending that it is perverse, capricious and without proper application of mind. The trial court has not considered evidence on record in proper perspective and came to an erroneous conclusion. The entire case of the prosecution is based on circumstantial evidence, except the victim boy who is just aged six years and whose statement was recorded after one week. The medical evidence does not conclusively establish the alleged crime. The trial Court has also not taken into consideration the fact that the distance of 401 km could not be covered in four hours. According to the version of the mother of the victim boy, they were not aware of the sexual assault till the victim boy was taken to the hospital, but surprisingly at 11.00 a.m, complaint was filed alleging sexual assault. There is delay in filing the complaint and it affect the prosecution case. Viewed from any angle, the impugned judgment and order are not sustainable and pray to allow the appeal, set aside the conviction and sentence, and acquit the accused.

11. On the o