The victim's testimony in a rape case does not require corroboration, and penetration, however slight, is sufficient to constitute rape.

JUDGMENT :

1. Appellant has impugned Judgment and Order dated 8th May 2019 passed by the learned Special Judge under POCSO Act, Greater Mumbai in POCSO Special Case No. 585 of 2015 in C.R. No. 320 of 2015 dated 27th September 2015 registered with Bhoiwada Police Station, Mumbai, convicting him under Sections 4 & 10 of The Protection of Children from Sexual Offences Act, 2012 (for short, ‘POCSO Act’) and under Section 376(2) of The Indian Penal Code (for short, ‘I.P.C.’) and is sentenced to suffer maximum rigorous imprisonment for 10 years and to pay a total fine of Rs.27,000/-.

2. Heard Ms.Devkar, learned Advocate appointed by High Court Legal Services Committee, Mumbai to represent and espouse the cause of Appellant, Mr.Hulke, learned A.P.P. for Respondent No.1-State and Mr.Mali, learned Advocate appointed by High Court Legal Services Committee, Mumbai to represent Respondent No.2. Perused entire record.

3. In the present case, it is an admitted fact on record that, the date of birth of victim is 23rd July 2001 and she was ‘child’ within the meaning of Section 2(d) of POCSO Act on the date of lodgment of present crime. With a view to protect identity of victim and in consonance with the provisions of Section 228(A) of I.P.C. and Section 33(7) of POCSO Act, the facts and/or details disclosing her and/or her close relatives identity is herein after avoided.

4. It is the prosecution case that, on 27th September 2019 i.e. date of lodgment of crime, the victim (PW-1) was 15 years old and was studying in 9th standard in Auxilium Convent School at Wadala, Mumbai. The victim along with her parents was residing in Room No. 51 in the building. Appellant along with his wife was staying in Room No.42 on the same floor of the said building. Appellant was having a dog by name ‘Scotch’. The victim used to visit the house of Appellant to play with his dog. On 16th June 2015 at about 6.30 pm, Appellant was alone in his house and thereafter he called victim to his house and inappropriately touched her breast. When the victim resisted him, Appellant threatened her that if the victim tells said fact to her mother she will not believe in the victim. Appellant used to call victim at his house when his wife Ana had been to her work and his mother was in kitchen. On 23rd July 2015 at about 6.30 pm Appellant called victim in his house by whistling and was inappropriately caressing her, which was noticed by her mother (PW-2). The mother of victim called her outside and slapped her. The said act of Appellant continued till 31st July 2015. That on 26th September 2015 victim studied late in the night as she was having exams. 27th September 2015 was a Sunday. Victim could not get up early to go for mass prayer in the Church. At about 6.30 am her mother and father went for prayer in the Church by locking the door of their house from outside, leaving the victim alone at home. Spare keys of the house were kept in the house of Appellant. There was a common toilet outside the room. As the victim wanted to go to washroom, she called Ana’s father to open the door. Ana’s father did not come, but Appellant came with the keys and opened door. Victim questioned him as to why he came, to which Appellant answered that Ana’s father had sent him. Victim thereafter went to washroom and came back. Appellant was sitting in the house of the victim on the bed and the lights were switched off. Victim kept bucket in the kitchen, washed her hands and put on lights of her kitchen. She asked Appellant to go out of the house, however Appellant closed the door of the house from inside. Appellant thereafter lifted victim and made her lie on the bed and by removing her clothes, committed an act as defined under Section 3(a) of POCSO Act. Appellant thereafter told the prosecutrix to have a wash and went by locking the door. Prosecutrix followed instructions of Appellant. As the prosecutrix was scared, she immediately gave a phone-call to her friend, namely Vijay Pawar (PW-4). He (PW-4) to