The integrity of the investigation and corroborative evidence are crucial in sexual offence cases, and any deficiencies provide grounds for the benefit of doubt to the accused.

JUDGMENT :

Shailendra Singh, J.

1. Heard learned senior counsel for the appellant and learned counsel for the State.

2. This appeal has been filed against the judgment of conviction dated 18.07.2022 and order of sentence dated 21.07.2022 passed by the learned Exclusive Special Court (POCSO)-cum -7th Additional District and Sessions Judge, Bhagalpur in connection with POCSO Case No. 20 of 2021, arising out of Sahkund (Sajour) P.S. Case No. 53 of 2021, whereby and whereunder the appellant has been convicted for the offence punishable under Section 8 of the POCSO Act and sentenced to undergo rigorous imprisonment for 5 years with a fine of Rs. 3,00,000/- (Rupees three Lakhs only) for the said offence, in default of payment of fine, to further undergo simple imprisonment for a period of 1 year.

3. The appellant stood charged for the offences punishable under Section 376 of INDIAN PENAL CODE (hereinafter referred to as IPC) and under Sections 4 , 8, 13 and 18 of the Protection of Children from Sexual Offences Act (hereinafter referred to as POCSO Act).

4. The appellant was convicted only for the offence punishable under Section 8 of POCSO Act and acquitted of other offences charged with by the trial court.

5. The prosecution story appearing from the FIR in brief is that the informant who happens to be the mother of the victim, filed a written report before the SHO of P.S. Sajour with this allegation that on 06.02.2021 at about 6 a.m., the appellant/accused firstly enticed her daughter, who used to take tuition from the appellant and thereafter raped her daughter and after committing the offence of rape he threatened her daughter and said that she would be killed if she revealed the incident to her parents, on account of that fear and threatening her daughter did not reveal the alleged occurrence to her parents. The informant further alleged that the accused also made a video of the commission of the alleged occurrence of rape and made it viral on 08.02.2021 and thereafter on 09.02.2021 the FIR was lodged by her.

6. On the basis of aforesaid written application of informant, Sahkund (Sajour) P.S. Case No. 53 of 2021 was lodged U/s. 376 of the IPC and Section 4 /8 of POCSO Act against the appellant which set the criminal law in motion.

7. After completion of the investigation the police chargesheeted the appellant for the offences punishable under Section 376 of IPC and Sections 4 /8 of POCSO Act.

8. After the cognizance, appellant's case was committed to the court of Exclusive Special Court (POCSO) -cum-7th Additional Sessions Judge, Bhagalpur (trial court) which framed the charges upon the appellant in the manner mentioned hereinabove.

9. During trial, the prosecution examined altogether 6 witnesses which are as under:-

PW1- Informant

PW2- Victim

PW3- Raman Kumar

PW4- Rupesh Kumar Sah @ Rupesh Kumar Mandal

PW5- Hari Om Prakash Singh (S.I.)

PW6- Ms. Anupama Sahay (Doctor)

10. In documentary evidence, the prosecution brought on record the following documents and got them marked as Exhibits which are as under:

Ext.- P-1 Signature of informant on written application of FIR Ext.-P-2 Signature of victim on the statement recorded U/s. 161 of Cr.P.C.

Ext. P-3 Signature of victim on statement recorded U/s. 164 of Cr.P.C.

Ext. P-2/1 Writing and signature of S.I. Vidya Singh over statement of victim U/s.161 Cr.P.C.

Ext. P-4 Writing and signature of SHO on FIR.

Ext. P-5 Writing and signature of I.O. on charge-sheet.

Ext. P-6 Medical report of the victim.

11. After completion of prosecution's evidence, the statement of the appellant/accused was recorded under Section 313 of Cr.P.C., in which the circumstances appearing aga