The court held that consistent testimony from the victim and medical evidence established the accused's guilt in a sexual assault case under the POCSO Act and IPC.

JUDGMENT :

G.A. Sanap, J.

1. In this appeal, the challenge is to the judgment and order dated 09.02.2021 passed by the learned District and Sessions Judge-9, Nagpur, whereby the learned Sessions Judge, on conviction, sentenced the accused under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (for short “ POCSO ”) to undergo simple imprisonment of seven years and to pay fine of Rs.10,000/-, in default of payment of fine to further undergo simple imprisonment of three months and sentenced him to suffer simple imprisonment of five years and to pay fine of Rs.10,000/-, in default of payment of fine to further undergo simple imprisonment of three months for the offence punishable under Section 377 of the INDIAN PENAL CODE (for short “ I.P.C.”).

2. Background facts:-

The victim boy, on the date of the incident, was 12 years old. The report was lodged by his mother, PW-1. It is the case of the prosecution that at the time of occurrence of incident, the victim was residing with his mother and other family members. The accused is residing in front of the house of the informant. On 17.11.2019 at about 12.00 p.m. the accused called the victim to his house. The victim went to the house of the accused. The victim returned at 2.00 p.m. The mother of the victim noticed that the victim was crying. On inquiry with the victim, he informed that the accused in his house removed his pant and also his own pant and thereafter inserted his penis into his anus. The mother of the victim on examination, found the injuries at the anus of the victim. The victim complained of pain in his anus. The mother of the victim immediately took the victim to the dispensary in the locality. From the dispensary in the locality she took the victim to the Radiance Hospital.

3. In the Radiance Hospital, the victim was examined by Dr. Krishna Beniram Gopche (PW-4) and Dr. Manoj Gukul Purohit (PW-5). PW-4, after noting down the history of assault found that it was a medico legal case and therefore, he informed the police. In the night of 17.11.2019 Police Station Officer and WPC Seema visited Radiance Hospital, Nagpur. They recorded the statement of the victim. The mother of the victim thereafter went to Police Station and lodged a report of the incident. On the basis of this report, crime bearing No.53/2019 was registered against the accused at Wathoda Police Station.

4. After registration of the crime, Police Station Officer went to the scene of the occurrence and drew spot panchanama on 18.11.2019. He seized the articles from the spot. PSI Ambhore conducted further investigations. The victim boy was referred for medical examination on 18.11.2019. The accused was arrested on 18.11.2019. The clothes of the victim and the clothes of the accused were seized. Investigating Officer recorded the statements of the witnesses. The samples were sent for chemical analysis. On completion of the investigation, the charge-sheet was filed against the accused.

5. Learned Sessions Judge framed the charge against the accused. The accused pleaded not guilty to the charge. The defence of the accused is of false implication on account of enmity between him and the family of the victim. The prosecution, in order to bring home guilt against the accused, examined ten witnesses. Learned Judge on consideration of the evidence found the accused guilty of the offence punishable under Section