The main legal point established in the judgment is the reliance on consistent evidence and medical reports to prove the offense of sexual assault, while disbelieving the appellant's defense.

JUDGMENT

1. The appellant has challenged the judgment and order dtd. 29/11/2018 passed by the Designated Judge for POCSO, Greater Bombay in POCSO Special Case No.497/2014. The appellant was convicted for commission of offence punishable under Sec. 376(2) of the Indian Penal Code and was sentenced to suffer RI for ten years and to pay fine of Rs.15,000.00 and in default of payment of fine to suffer RI for four months. The appellant was also convicted for commission of offence punishable under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and was sentenced to suffer RI for ten years and to pay fine of Rs.15,000.00 and in default of payment of fine to suffer RI for four months. On payment of the fine amount, it was directed to be paid to the victim. The substantive sentences were directed to run concurrently. The appellant was granted set-off under Sec. 428 of Cr.P.C.

2. The prosecution case is that the appellant was residing in the neighbourhood of the victim. The date of birth of the victim was 17/3/2008. The incident is dtd. 25/9/2014. The appellant's sister and the victim were friends. On the date of incident, the appellant took the victim to his house. He then committed penetrative sexual assault on the victim. The victim came back home. She was bleeding at her private parts. Her mother made inquiries with her. Then the victim narrated the incident to her. The victim's father was informed by her mother. Then they went to the police station. She was sent for medical treatment. After that the FIR was registered. The appellant was arrested on 26/9/2018. The investigation was carried out. Spot panchnama was conducted. The clothes of the victim and the accused-appellant were seized. The articles and other samples were sent for CA examination. Statement of witnesses were recorded. At the conclusion of the investigation, the charge-sheet was filed and the case was committed to the Special Court.

3. During trial, the prosecution examined eight witnesses, including the victim, her mother, Medical Officers, a pancha and the police officers. Besides this, the documentary evidence in the form of birth certificates of the victim and the appellant as well as CA reports were produced on record. The defence of the appellant was that mother of the victim was having affair with the victim's uncle. The appellant was aware of that. The victim's mother had threatened him that she would lodge a false complaint against him and the present prosecution is the result of the same.

4. Learned Judge considered the evidence on record. He believed the evidence led by the prosecution. He disbelieved the defence of the appellant; and thus, convicted and sentenced him as mentioned earlier.

5. Heard Smt. Anjali Patil, learned counsel for the appellant, Shri S.R. Agarkar, learned APP for the respondent No.1- State and Shri Shashikant Chaudhari, learned appointed counsel for respondent No.2.

6. The prosecution case is reflected in the evidence of mother of the victim, who is examined as PW-1. She has stated that she was residing with her two children, husband and brotherin-law in a chawl at Chembur, Mumbai. The victim's date of birth was 17/3/2008. Hence, at the time of incident, the victim was six years old. As a routine, PW-1's husband used to leave the victim to her class at 9.00 a.m. and then used to proceed to his office. The victim used to return home at about 11.30 a.m. with her friends. Then she would leave for school between 1.00 p.m. to 5.45 p.m. On 25/9/2014 at about 11.30 a.m., the victim had gone out of the house. She had not attended her classes on that date. She returned home within ten to fifteen minutes. She was having pain on her private parts. She told PW-1 that there was bleeding because of injury by nails to her private parts. PW-1 examined her. There was very bleeding from her vagina. PW-1's brother-inlaw was present in the house. He made enquiries with the victim.

The victim then told them about the acts c