The prosecution must prove its case beyond reasonable doubt, and inconsistencies in the victim's testimony and lack of corroborative evidence can lead to the reversal of conviction.

JUDGMENT :

(Ashutosh Kumar, J.)

Heard Mr. Ajay Kumar Thakur, the learned Advocate for the sole appellant and Mr. Abhimanyu Sharma, the learned Additional Public Prosecutor for the State.

2. The appellant has been convicted for the offences under Sections 376 and 379 of the Indian Penal Code and under Section 4(2) of the POCSO Act, 2012, vide judgment of conviction dated 23.05.2023 passed by learned Additional District Judge-VII-cum-Special Judge, POCSO, Patna, in Case No. CIS No. Special (POCSO) Case No. 42 of 2021, arising out of Dhanarua P.S. Case No. 76 of 2021. By order dated 31.05.2023, the appellant has been sentenced to undergo imprisonment for three years, to pay a fine of Rs. 5,000/-and in default of payment of fine, to further undergo imprisonment for two months under Section 379 of the IPC and in view of Section 42 of the POCSO Act to undergo R.I. for twenty years, to pay a fine of Rs. 30,000/-and in default of payment of fine, to further suffer imprisonment for two months for the offence punishable under Section 4(2) of POCSO Act.

3. The victim, who claims herself to be of fourteen years was allegedly forcibly taken away to a lonely house in Jehanabad and raped by the appellant.

4. The written report was lodged by the victim herself (PW-2), who says that she was made to come out of an auto-rickshaw and was taken to a house in Jehanabad on a motorcycle where she was raped. She could anyhow come out of the house and while proceeding for her home, she borrowed the mobile phone of a stranger and called her sister and narrated about the incident to her. Later, her family members came and took her to the police station, where she lodged the report.

5. Based upon the afore-noted written report, a case vide Dhanarua P.S. Case No. 76 of 2021 dated 22.03.2021 was registered for investigation against the appellant under Section 376 and 379 of the IPC and under Section 7 and 8 of the POCSO Act, 2012.

6. The police after investigation submitted chargesheet under Section 376 of the IPC and under Section 4 and 6 of the POCSO Act, 2012, whereupon the appellant was tried.

7. The Trial Court after having examined six witnesses on behalf of the prosecution convicted and sentenced the appellant as aforesaid.

8. Though in the written report, PW-2 has claimed that the appellant forcibly brought her down from the auto-rickshaw in which she was going towards Masaurhi and then was taken to somewhere in Jehanabad but in her statement under Section 164 of the Cr.P.C. recorded immediately after the occurrence, she had a different story to narrate. The material particulars in both the statements differ to a great extent.

9. That is not the sole cause for doubting the credit-worthiness of PW-2.

10. She was medically examined on 23.03.2021 by Dr. Kavita Singh (PW-6). Her age was assessed to be between seventeen to nineteen years and there was no sign of any recent sexual intercourse. There was no mark of abrasion. She has further stated before the trial Court that in cases of a rape, the vagina gets ruptured and there is always swelling, abrasion and discharge. She did not notice any swelling, abrasion or discharge in the private part of the victim.

11. According to her report, she asserted that no forcible sexual assaulted had been perpetrated upon the victim.

12. That apart, we have also examined the deposition of the investigator (PW-5), who had arrested the appellant on 23.01.2021 from a market place, but never got him medically examined as mandated under Section 53(A) of the Cr.P.C. She had asked for the clothes of the victim but that was never given to her. Despite her insistence, the family members of the victim did not show her the place from where the victim was brought to the police station. Even the victim did not respond to her demand of showing the house in which the occurrence had been committed.

13. On deeper probe, the investigator had found that near the P.O., there is a bank in which CCTV camera is installed. There was nothing c