IMPORTANT POINT
The main legal point established in the judgment is the interpretation and application of the provisions of the POCSO Act, specifically Section 7 read with Section 8, in determining the guilt of the accused for sexual assault.

JUDGMENT :

1. By way of instant appeal convict original accused is assailing the judgment and order passed by Additional Sessions Judge, Shahada in Sessions Case No.51 of 2016 holding appellant guilty for offence under Section 376(2)(m) of the Indian Penal Code (IPC) and Section 6 read with 5 of the Protection of Children from Sexual Offences Act (the POCSO Act) and to pay fine respectively.

FACTS LEADING TO THE TRIAL ARE AS UNDER

2. Akkalkuwa Police Station chargesheeted appellant for above offence alleging that victim who was studying in 5th standard, went to attend tuition to the accused, a Tutor, on 12-09-2016. According to prosecution, after making other children leave, victim was directed to stay back by accused on the pretext of giving homework. When everybody left, he shut the door, remove his own clothes and directed victim also to get undressed. When she refused, he forcibly removed her clothes, made her sleep on the cot, moved and felt his hands over her breast, private parts and tried to insert his male organ in her private part.

3. The girl returned home and seeing her condition, on being asked, she narrated the act of accused and therefore, Police was approached and PW2 mother lodged complaint exh.14. After statement of victim was recorded, crime was registered and finally investigated by PW8 Bhavsar (API), who after gathering sufficient evidence filed challan and accused was tried by Additional Sessions Judge, Shahada, who permitted prosecution to adduce evidence. Evidence so adduced was appreciated and learned trial Judge held the charges proved and convicted appellant resulting into challenge by way of instant appeal.

SUBMISSIONS

On behalf of appellant :

4. Learned Counsel for appellant pointed out that it is apparently false implication on account of some rivalry between two education institutions. It is submitted that complaint is narrated by somebody else and is merely signed by mother of the victim. That victim has been tutored to name accused. He would submit that very evidence of medical expert belies the accusation of rape. That even there are material inconsistencies in the testimony of victim and her mother coupled with the lapses and lacunas on behalf of investigating machinery. Resultantly, it is his submission that there is no sufficient corroboration and case being not proved beyond reasonable doubt, he submits that appeal deserves to be allowed by setting aside the impugned judgment.

On behalf of State :

5. Supporting the judgment under challenge, learned APP would point out that victim is admittedly a child and hence a minor. He would strenuously submit that there is apparently criminal breach of trust by accused, who is a teacher and to whom victim was sent by her parents for education. However, she has been victimized in his house by the accused. Learned APP pointed out that victim’s testimony is itself sufficient to bring home the charges. He pointed out that she has narrated each and every act indulged into by accused after closing the door. She has faced cross-examination and it has remained unflinched, thereby keeping her testimony intact.

6. He next submitted that mother of victim has shortly met the victim and had noticed the condition of her daughter and victim daughter promptly narrated the ordeal faced by her and she was thereafter taken to hospital and Police has been approached on the same day. Therefore, he submits that there is prompt lodgement of complaint.

7. He further submitted that victim’s evidence is fortified by medical evidence, who has testified about receiving history and on examination report was issued. Learned APP, at this juncture, would strenuously submit that mere absence of injuries itself would not negate the case of rape and therefore, even if no injuries are noticed by PW4 Dr. Balapure, it is his submission that it is inconsequential as according to him, very testimony of victim itself is clear about commission of offence of sexual intercourse. He added that considering