IMPORTANT POINT
The prosecution must prove the age of the victim under the POCSO Act for a valid conviction; failure to do so results in acquittal under that Act.

JUDGMENT :

1. In this appeal, the challenge is to the judgment and order, dated 16.06.2021, passed by the learned Additional Sessions Judge, Chandrapur, whereby the learned Sessions Judge convicted the accused/appellant for the offences punishable under Section 4 of the Protection of Children From Sexual Offences Act, 2012 (for short ‘the POCSO Act’) and Section 377 of the Indian Penal Code (for short ‘the IPC’) and sentenced the accused to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000/-and in default of payment of the fine to suffer simple imprisonment for one year for the offence punishable under Section 4 of the POCSO Act. No separate sentence has been awarded for the offence punishable under Section 377 of the IPC.

2. Background facts:

The victim boy, aged about 16 years, is the informant in this case. The crime was registered, on the basis of his report, at city police station Chandrapur. The prosecution case, as can be seen from the report and other material on record, is that on 02.05.2019, the informant and his brother (PW-2) went to sleep in the gallery. The father of the informant was residing in the tenanted premises owned by the father of the accused on the first floor. The house of the accused is adjacent to the house of the informant. The wife of the accused had gone to her parents’ house. In the night, when the informant and his brother went to sleep, after about one and half hour, the accused came there and asked them as to why they are sleeping outside the house. The accused told them that there was a cooler facility in his house and therefore, they should come and sleep inside the house. The informant, along with his brother, went inside the house of the accused. They slept on one bed. After some time, the informant woke up after realizing that somebody was pushing him forcefully. He saw that he was lying in a prone condition on the mattress of the floor and his pant was removed up to his knee. He found the accused in a naked condition. It is stated that the informant saw that the accused slept on his body and was giving forceful jerks. He pushed the accused and woke up his brother. They ran outside the house of the accused and went to their house. They narrated the entire incident to their father. The father of the informant went to the house of the accused and questioned him about the wrongful act done by him. The accused raised a quarrel with him. Their neighbours came to the spot. The accused tried to run away from the spot. The neighbours caught hold the accused and assaulted him. The accused sustained injuries to his head. The informant, along with his father, went to the police station in the night and lodged the report.

3. On the basis of his report, the crime bearing No.369 of 2019 came to be registered against the accused. The investigation was carried out by PW-5. The investigating officer sent the informant for a medical examination. On the next day, she arrested the accused. She referred the accused for a medical examination. The clothes as well as blood samples of the informant and the accused were collected. The investigation revealed the involvement of the accused in the crime and therefore, the investigating officer filed the charge- sheet against the accused in the Court of law.

4. Learned Additional Sessions Judge framed the charge against the accused. The accused pleaded not guilty. The defence of the accused is of false implication on account of the demand of the arrears of rent by the accused from the father of the informant. The prosecution, in order to prove the charge against the accused, examined six witnesses. Learned Judge, on consideration of the evidence, convicted and sentenced the accused, as above. The appellant has come before this Court in appeal against the said judgment and order.

5. I have heard learned appointed Advocate Mr Rajnish Vyas for the appellant and learned APP Ms Mukta Kavimandan for the State. Perused the record and proceedings.

6. Learn