The main legal point established in the judgment is the reliance on victim testimony, corroborated by medical evidence, witness statements, and a DNA report to establish guilt in a sexual assault case.

JUDGMENT

Revati Mohite Dere, J. - By this appeal, the appellant has impugned the judgment and order dated 21st November 2016, passed by the learned Special Judge, Sindhudurg at Oros in Special Case No.44 of 2015, convicting and sentencing him as under:

- for the offence punishable under Section 376(2)(i) of the Indian Penal Code r/w Sections 4, 6 and 8 of Protection of Children from Sexual Offences Act, to suffer rigorous imprisonment for 12 years and to pay a fine of Rs.10,000/-, in default of payment of fine, to suffer further rigorous imprisonment for 1 year;

- for the offence punishable under Sections 363 and 366 of the Indian Penal Code, to suffer rigorous imprisonment for 5 years and to pay a fine of Rs.500/-, in default of payment of fine, to suffer further rigorous imprisonment for 50 days.

- for the offence punishable under Section 506(2) of the Indian Penal Code, to suffer rigorous imprisonment for 1 year and to pay a fine of Rs.500/-, in default of payment of fine, to suffer further rigorous imprisonment for 50 days.

All the aforesaid sentences were directed to run concurrently.

2. In the intervening night of 30th September 2015 and 1st October 2015, PW 1-'X' (minor girl aged 7 years) was kidnapped from the lawful guardianship of her parents from the Sindhudurgnagari Railway Station, where they were sleeping and taken by the appellant towards a close-by forest area, where she was sexually assaulted by the appellant. After the sexual assault on 'X', she returned to the platform and informed her parents about the same. PW 7-Arun Shetye, Senior Station Master, on learning of the incident of sexual assault on 'X', immediately informed the police of Sindhudurgnagari Police Station. When the police reached, the appellant fled from the place where he was residing with others. PW 2 mother of 'X' lodged a complaint/FIR on 1st October 2015 at 4:00 p.m. The appellant was arrested from Oros on 1st October 2015. Thereafter, statements of witnesses came to be recorded under Sections 161 and 164 of the Criminal Procedure Code. After investigation, charge-sheet was filed as against the appellant in the Court of the learned Special Judge (POCSO).

Charge was framed as against the appellant, to which, the appellant pleaded not guilty and claimed to be tried.

The prosecution, in support of its case, examined 18 witnesses i.e. PW 1-'X' (minor aged 7 years); PW 2-mother of 'X' and complainant; PW 3-Satyawan Malave, panch to the (i) spot panchanama dated 1st October 2015 (Exhibit 20), (ii) arrest panchanama dated 1st October 2015 (Exhibit 21) and (iii) recovery of clothes worn by the appellant at the time of the incident, under Section 27 of the Evidence Act dated 2nd October 2015 (Exhibit 24); PW 4-Ajit Angsali, who had seen one girl weeping and running towards the railway platform on 1st October 2015 at 12:15 a.m; PW 5-Rohidas Munde, Assistant Chemical Analyser, who proved the DNA report (Exhibit 180); PW 6-Chetan Mhadgut, Medical Officer, Civil Hospital, Oros, who examined the appellant on 1st October 2015 (the medical report of the appellant is at Exhibit 34); PW 7-Arun Shetye, Senior Station Master, who had informed the Sindhudurgnagari Police Station and identified the appellant as being the person sleeping on the bench on the railway platform, where 'X' was sleeping with her parents on 30th September 2015; PW 8-Mandar Dhuri, panch to the test identification parade carried out on 3rd October 2015 at the Tahsil Office, Kudal; PW 9- Balasaheb Joshi, Medical Officer at Civil Hospital, Sindhudurg, who examined victim-'X' on 1st October 2015 at 2:00 a.m (the medical certificate is at Exhibit 43); PW 10-Gama Jankar, who was working as a Site Supervisor with Ajit Kajve; PW 11-Shashikant Sawant, Police Head Constable, Oros, who carried the sealed articles for depositing the same to the Forensic Science Laboratory on 2nd October 2015; PW 12-Minakshi Rathod, Ladies Police Naik, Oros, who recorded the complaint/FIR of PW 2 (mother of 'X'); PW 13-Mah