The court affirmed that credible testimony from a minor victim, corroborated by medical evidence, is sufficient for conviction in sexual assault cases, despite delays in reporting.

JUDGMENT :

URMILA JOSHI-PHALKE, J.

1. By this appeal, the appellant (accused) has challenged judgment and order dated 21.3.2023 passed by learned District Judge-7 and Additional Sessions Judge, Nagpur (learned Judge of the trial court) in Special Criminal Case No.143/2018.

2. By the said judgment and order impugned, the accused is convicted for offence punishable under Section 376(2)(f)(i)(j)(n) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 20 years and to pay fine Rs.10000/-, in default, to undergo further simple imprisonment for six months.

He is further convicted for offence punishable under Section 506 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 1 year.

3. Brief facts of the prosecution case which are necessary for disposal of the appeal are as under:

The victim aged about 10 years old was studying in 5th Std. in the year 2018 having single parent mother as her father is not alive and was residing with her mother and brother. Her brother used to go for work and she remains to be alone in the house after her school is over. Her school timing was between 7:00 am to 11:00 am. As per the allegation, the accused, who is her nearest relative and husband of her maternal aunt, subjected her for forceful sexual assault on multiple occasions by threatening her. The victim disclosed the incident to her mother and after disclosure, on the second day, her mother has lodged the report against the accused. On the basis of the said report, the police registered the crime and after registration of the crime, wheels of the investigation starting rotating. During investigation, the victim was referred to the medical examination. The accused was arrested. The necessary investigation was carried out and after completion of investigation, chargesheet was filed against the accused.

4. Learned Judge of the trial court has framed the charge vide Exh.9. The accused denied the charge and claimed to be tried. In support of the prosecution case, the prosecution has examined as many as 9 witnesses, as follows:

5. Besides the oral evidence, the prosecution placed reliance on report Exh.25, FIR Exh.26, spot panchanama Exh.29, medical report Exh.32, casualty card Exh.33, medical report of the accused Exh.35, arrest panchanama Exh.38, seizure memo Exh.41, requisition to CA Exh.42, birth report Exh.46, birth certificate Exh.47.

6. On the basis of the oral as well as the documentary evidence, the prosecution claimed that the case against the accused is proved beyond reasonable doubt. All incriminating evidence is put to the accused to obtain his explanation as to the incriminating evidence appearing against him by recording his statement under Section 313 of the CrPC. The defence of the accused is of total denial and of a false implication as he performed the marriage with the sister of the mother of the victim against the will of all family members.

7. Learned Judge of the trial court appreciated the evidence and held the accused guilty and sentenced him as the aforesaid.

8. Being aggrieved and dissatisfied with the same, the appeal is preferred by the accused on the ground that the evidence adduced by the prosecution is not cogent and reliable and not inspiring the confidence. There is inordinate delay in lodging of the FIR and the said delay is not explained. The evidence of the victim girl is not corroborated by the medical evidence as the foundational facts are not proved. The presumption under Section 29 will not attract. For all above these reasons, he prays for acquittal of the accused.

9. Learned Additional Public Prosecutor Shri V.A.Thakare for the State taken me through the entire evidence on record and submitted that