The victim's testimony in cases of sexual offenses against young victims stands on a higher pedestal and may not always require corroboration if found to be trustworthy.

JUDGMENT :

By this appeal, appellant/convicted accused, Srikant Paswan @ Srikant Paswn is challenging the Judgment and order dated 25.07.2016 and 01.08.2016 passed by the learned Ist Additional Sessions Judge, Patna, in Special (POCSO) Case No. 08 of 2014 between the parties, thereby convicting him of the offences punishable under Section 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offence Act (“POCSO Act” for the sake of brevity). The accused is sentenced to suffer rigorous imprisonment for ten years apart from imposition of fine of Rs.10,000/- and default sentence of simple imprisonment for six months for the offence punishable under Section 4 of the POCSO Act. He is not separately sentenced for the offence punishable under Section 376 of the Indian Penal Code in view of the provisions of Section 42 of the POCSO Act. For the sake of convenience, the appellant shall be referred to in his original capacity as “an accused”.

2. Facts leading to the prosecution of the accused projected from the police report can be summarized thus:-

A. The victim of the crime in question is P.W. 6 Ms. J. (identity concealed). She used to reside at village Bhogipur falling under jurisdiction of Gopalpur Police Station. The accused used to reside in the same village. It is case of the prosecution that at about 7 P.M. of 16.02.2014, victim Ms. J. had gone to attend the call of nature in the field out side the village. While returning therefrom, near Devi Sthan, the accused caught her and forcibly dragged in the Dhania field. Then the accused stuffed her mouth by tearing her clothes. The accused thereafter committed forcible sexual intercourse with her. P.W. 6 Ms. J. was then traced out by her relatives and villagers. The accused also came to be apprehended but he was set free by other villagers subsequently. Parents of the victim female child were advised by the villagers not to file the FIR in order to save the honour of the village. However subsequently P.W. 6 Ms. J. lodged the FIR with the Station House Officer, Gopalpur Police Station which resulted in registration of Crime No. 17 of 2014 on 19.02.2014 for the offences punishable under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act.

B. After completing the routine investigation and after getting the victim examined through P.W. 2 Dr. Prem Lata Verma, Medical Officer of Guru Gobind Singh Hospital, Patna City, Patna, the accused came to be charge sheeted.

C. The learned trial court had framed and explained the charges to the accused. He pleaded not guilty and claimed trial. In order to bring home the guilt to the accused, the prosecution has examined in all eight witnesses. The defence of the accused was that of false implication. He however did not enter in the defeance.

3. After hearing the parties, by the impugned Judgment and order, the learned trial court was pleased to convict the accused and to sentence him as indicted in the opening para of this Judgment.

4. In this old appeal on 11.07.2022, none appeared for the appellant. Then on 26.07.2022, the learned counsel for the appellant expressed his inability to workout the appeal. None had appeared for the State. Hence there was no alternative but to close the appeal for Judgment as the appeal is an old appeal in which no bail has been granted to the appellant.

5. I have carefully gone through the record and proceedings including oral as well as the documentary evidence. According to the prosecution case, the accused had committed rape on the victim female child who at the relevant time was just twelve yeas of age. By now, it is well settled that rape is a ghastly act which leaves the victim shattered for the life as it causes not only physical but emotional and psychological trauma to the victim. Sexual activities with young girls of immature age have a traumatic effect on them, which persists throughout the life of such victims. It is also well settled that the victim of offence of rape i