The competence of child witnesses, scrutiny of hostile witnesses' testimony, and the significance of corroborative evidence and the presumption under Section 29 of the POCSO Act are central legal principles established in the judgment.

JUDGMENT :

VIBHA KANKANWADI, J.

1. Present appeal has been filed by the original accused challenging the conviction under Sections 4, 5(m) and (n) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the “POCSO Act”) in Special POCSO Case No. 56 of 2018 by the learned Special Judge (under POCSO Act), Aurangabad on 16.05.2019.

2. The prosecution story is that the informant is the mother of the victim. Victim was aged 3 years on 04.03.2018. The mother of the victim lodged the report on 04.03.2018 stating that she was residing with her husband and four children. On 02.03.2018 when the husband of the informant was to proceed for Namaz at about 5.15 p.m., the victim girl was insisting that she would go along with him, but then to pacify her, her father gave her one rupee and told that she should take some eatable from the shop. He then went for Namaz. Informant then asked the victim to bring chowmein from the shop. Victim went running. She returned after about half an hour along with the amount itself and started saying as to what the accused has done to her by taking her to his house. The victim told the informant that the accused had taken out her pant and has done something with her private part, as a result of which she was getting burning sensation. The informant thereafter checked the private part of the victim and she could found that it had redness and wet and the victim was crying. Informant then went to the house of accused. Accused is the near relative of the victim and informant. Mother of the accused was in the house at that time and when informant asked as to what has been done with the victim, the mother of the accused told that her son has not done anything. Informant came back to her house and waited for the arrival of her husband. She was not having mobile. He returned around 11.00 p.m. and then informant told him about the incident. Taking into consideration the pain to the victim she was taken to Ghati Hospital at about 2.00 a.m., but it was told that the doctor is not there and, therefore, they came back to home and again gone to the hospital at about 10.00 a.m. on the next day. The victim was admitted and then treatment was started. Thereafter, when police arrived, the FIR was lodged.

3. After lodging of the FIR, offence vide Crime No. 45 of 2018 came to be registered with Jinsi Police Station, Aurangabad and further investigation was taken up.

4. PW-5, P.S.I. - Varsha Kale has carried out the investigation. She has collected the MLC papers, medical examination papers of the victim girl as well as samples. Statement of the victim was got recorded in the presence of lady members of Mahila Suraksha Samiti. Accused came to be arrested. Panchanama of the spot was executed with the help of two panchas. The clothes of the victim as well as accused came to be seized through panchanama. All the seized articles were sent for chemical analysis. Statement of the victim - girl as well as the informant was got recorded under Section 164 of the Code of Criminal Procedure. The birth certificate of the victim was collected. Statement of other witnesses were recorded and after the completion of the investigation, charge-sheet came to be filed before the learned Special Judge (under POCSO Act). After the accused appeared before the learned Special Judge (under POCSO Act), Aurangabad, charge came to be framed at Exhibit-8 under Section 376(2)(f) and (i) of Indian Penal Code and under Section 4, 5(m) and (n) punishable under Section 6 of the POCSO Act. The contents of the charge were read over and explained to the accused – appellant in vernacular. He pleaded not guilty and the trial has been conducted. Prosecution has examined in all six witnesses to bring home the guilt of the accused. After considering the evidence adduced by the prosecution, the learned Special Judge held the accused guilty of committing offence punishable under Section 376(2)(f) and (i) of Indian Penal Code