IMPORTANT POINT
The main legal point established in the judgment is the significance of corroborative evidence, including medical examination reports and witness statements, in establishing the commission of sexual offences against children. The judgment also highlights the importance of providing adequate compensation to victims in deserving cases.

JUDGMENT :

1. A convict for offence under sections 376(1), 323 of Indian Penal Code (IPC) and for offence under sections 4 and 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), is hereby questioning the judgment and order passed by learned Additional Sessions Judge, Aurangabad dated 25.10.2018 in Special Case (POCSO) No. 46 of 2015.

2. In brief, prosecution was launched against present appellant, alleging that, informant had granddaughter aged 4 years. On 09.03.2015, around 2:30 p.m., she had left her granddaughter victim with neighbour and she went to railway station. Around 3:45 p.m., she received phone call and she was urgently called by another neighbour Kantabai. When informant reached, she learnt that, accused took her in a wada, offered one Rupee and on the pretext of playing some game, took her to a toilet, removed her undergarment, he inserted his finger in her vagina and thereafter, he inserted male organ. When the child cried, he closed her mouth. On hearing the occurrence, police was approached and grandmother set law into motion vide report at Exh.38, on the strength of which FIR was drawn vide Exh.39.

After investigation carried out by PW9 API Pushpa Patil, accused was challaned and charge-sheeted. On explanation of charge, he denied and so trial was undertaken. During which, prosecution has adduced oral and documentary evidence. After appreciating the evidence and on hearing submissions advanced by both sides, learned trial Judge recorded conviction for above offence and awarded sentence accordingly as spelt out in the operative order. Hence the appeal.

SUBMISSIONS

On behalf of appellant :

3. Learned counsel for appellant would point out that at the outset, there is no trustworthy, reliable account of any of the witness so as to accept the case of prosecution as proved. According to him, here prosecution has deliberately not examined material and crucial witnesses, like the immediate neighbour Chandrabhan, the person namely Janardhan who allegedly telephoned and called complainant. Informant has apparently lodged complaint on hearsay information. He further submitted that, considering the age of the victim, it is difficult to believe that she could knew the phraseology and words used regarding commission of offence. Thus, he submits that it is a clear case of tutoring. According to him, only immediate neighbours, who were friends of informant are examined. Thus, except interested witnesses, there is no other independent evidence regarding the occurrence. Learned advocate submits that, there is false implication and according to him medical evidence itself is inconsistent. He questions the sustainability of the judgment as according to him there is improper appreciation of evidence and law.

On behalf of State :

4. In answer to above, learned APP would strenuously submit that, accused had ravished a minor of about four years of age. He took her to the washroom on the pretext of playing some game. But, in fact it was a dirty game. He has committed sexual offence and victim has narrated the acts and he indulged into by leveling her. Victim is examined. There is prompt reporting by the informant – grandmother. Immediate neighbours, who had seen accused, called informant and she rushed home. That, after hearing from the victim, police authority has been promptly approached and matter is reported. He pointed out that, medical examination was got done. Examining Medical experts have stepped into the witness box and has confirmed the assault and rape. Therefore, there is convincing and reliable evidence. All charges are proved through victim, informant, her grandmother, immediate neighbours and they have all withstood extensive cross without getting shaken and resultantly learned trial court has rightly convicted the appellant. According to him, there is correct appreciation of oral and documentary evidence and that no fault could be found in the findings reached at and consequently he prays to dismiss