The conviction for sexual assault on a minor was upheld based on credible testimony and corroborative medical evidence, establishing guilt beyond reasonable doubt.

JUDGMENT :

(ABHAY S. WAGHWASE, J.)

1. Appellant/convict takes exception to the judgment and order dated 27.03.2023 passed by learned Special Judge (POCSO), Beed in Special POCSO Case No.74 of 2021 recording guilt of the appellant for offences under Section 376(AB), 376(2)(f) and 377 of the Indian Penal Code read with Section 6 of the POCSO Act.

PROSECUTION CASE IN BRIEF

2. Ambhora Police Station, District Beed registered the crime bearing No.150 of 2022 for above offences on report received from the mother of the victim, who gave information to police that her victim daughter aged 7 years was sexually ravished and exploited by the present appellant, who happens to be her uncle. On above report, crime was registered, investigated and appellant was chargeheeted for the above offence and finally tried by learned Special Judge, who examined as many as 11 witnesses, and on appreciating oral evidence of witnesses and on appreciating documentary evidence apprising of FIR, medical papers, birth certificate, etc., learned trial Judge accepted the prosecution story and recorded guilt holding appellant guilty for above offences.

Feeling aggrieved by the judgment and order of conviction, instant appeal has been preferred on various grounds mentioned in the appeal memo.

SUBMISSIONS On behalf of appellant :

3. Learned counsel for the appellant pointed out that there is false implication. That, there is no cogent, reliable, trustworthy evidence. That, report is lodged on information allegedly given by the mother of the victim. He pointed out that, on the alleged dated, there was some ritual of 7^th day of death of grandfather of victim. That, almost 200 guests had gathered, but none of them has been examined, nor did any of them report the incident to police. Learned counsel pointed out that, victim was playing for the entire day. That, there is no prompt reporting. That, there is dispute for giving land for cultivation, and as such, there is possibility of false implication. For all above reasons, he questions the findings and conclusion reached by the learned trial Court and prays to allowed the appeal by giving benefit of doubt.

On behalf of State :

4. Learned APP, who strongly opposed pointed out that, vicitim was barely of 7 years of age. That, the present appellant is the paternal uncle. That, he allegedly took the victim onto his lap and inserted his penis into her anus. That, there are blood stains in the leggings of the victim. That, immediately after the incident, victim has reported to her mother and she is also noticed the blood stains. That, police have duly approached and registered the crime. That, victim was examined medically. Therefore, there is statement of both informant-mother as well as victim and other witnesses. That, their evidence has remained intact, undisturbed or undiminished. That, there is nothing to suggest false implication and as charges are squarely proved, learned APP submits that there no need to disturb the sound and reasoned judgment recorded by the learned trial Judge.

On behalf of Victim :

5. Learned Counsel appointed to represent the victim also strongly objected. According to him, victim was proved to be 7 years of age. Even according to him, medical evidence is supports the prosecution case. That, grave offence has been committed on minor by the appellant, who is none other than paternal uncle. At the end, he supports findings and reasons assigned by learned trial Court in convicting appellant.

STATUS AND ROLE OF PROSECUTION WITNESSES

6. In support of its case, prosecution has examined as many as five witnesses. Their role and status and the sum and substance of their evidence can be summarized as under :

PW1 Seema is mother of the victim. At Exhibit 26/C, she deposed as under as under :

“1] I am residing with my husband, in-laws and my children at the above address. Victim is my daughter. At the time of lodging FIR my daughter was 7 years old and she was studying in 2nd standard. I know the accused he is the cous