IMPORTANT POINT
Aggravated penetrative sexual assault – In case victim is a girl child, medical examination shall be conducted by a woman doctor.

JUDGMENT

S.K. Sahoo, J.—The appellant Barika Pradhan faced trial in the Court of learned Additional Sessions Judge-cum-Special Judge, Gajapati, Paralakhemundi in G.R. No.4/2019/T.R. No.12/2019 for commission of offences punishable under section 376(2)(n) of the Indian Penal Code and section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereafter referred to as “POCSO Act”) on the accusation that on 10.03.2019 at Kampa Sahi-2, Paralakhemundi, the appellant called the victim who was a minor girl child aged about seven years to his house and committed aggravated penetrative sexual assault on her by inserting his finger in her vagina causing pain on her private part. The learned trial Court vide judgment and order dated 13.01.2020, found the appellant guilty under both the offences and sentenced him to undergo R.I. for a period of ten years and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo R.I. for a further period of six months.

2. The prosecution case, as per the first information report lodged by Balaga Umasankar (P.W.9), father of the victim before the Inspector in-charge of Model Police Station, Paralakhemundi on 11.03.2019 is that the victim was aged about seven years at the time of occurrence and the appellant was his neighbour and he called the victim to his house and when the victim returned back home, she was feeling pain in her vagina and when her mother asked her about the reason for such pain, she disclosed that the appellant inserted finger in her vagina.

On the basis of written report submitted by P.W.9, Paralakhemundi Model P.S. Case No.57 dated 11.03.2019 was registered against the appellant under sections 376-AB/506/34 of the Indian Penal Code read with section 6 of the POCSO Act. In absence of Inspector in-charge, Sri Niranjan Das (P.W.16), S.I. of Police, who was in-charge of Inspector in-charge, took up investigation of the case.

During course of investigation, the Investigating Officer visited the spot, prepared the spot map (Ext.16), examined the parents of the victim, sent the victim for her medical examination to District Headquarters Hospital, Paralakhemundi, arrested the appellant and forwarded him to Court on 12.03.2019 after his medical examination and then as per the order of Superintendent of Police, Gajapati, P.W.16 handed over the investigation to P.W.14 Ahalya Maharana, W.S.I. of Police, Paralakhemundi Police Station. During course of investigation, P.W.14 re-examined the informant and other material witnesses so also the victim. Thereafter, she seized the biological samples of the victim so also the appellant which were collected during medical examination. Thereafter she made prayer before the Court for recording of the statement of the victim under section 164 Cr.P.C. and also for passing necessary orders to dispatch the exhibits to R.F.S.L., Berhampur for chemical examination and opinion and also made prayer to D.C.P.O., Paralakhemundi to provide necessary financial assistance to the victim girl. On completion of investigation, P.W.14 submitted charge sheet against the appellant under sections 376-AB/376(2)(n) of the Indian Penal Code read with section 6 of the POCSO Act.

3. After submission of charge sheet, the learned Trial Court framed charges against the appellant and since the appellant refuted the charges, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.

4. During course of trial, in order to prove its case, the prosecution has examined as many as sixteen witnesses.

P.W.1 Dr. Santanu Kumar Padhi was the Consultant, Orthopedics, D.H.H., Paralakhemundi who on police requisition examined the appellant and found that there was no erection of penis even after several attempts and accordingly he prepared the medical examination report which is marked as Ext.1.

P.W.2 Dr. Umasankar Dalai who was the O.S.I.G. Specialist, Kashinagar C.H.C., examined the victim and f