The court affirmed that prior legal standards apply to convictions, emphasizing the necessity of valid evidence and proper assessment of child witnesses' competency in sexual assault cases.

JUDGMENT :

RAJEEV RANJAN PRASAD, J.

1. We have heard learned counsel for the appellant and learned Additional Public Prosecutor for the State as also learned counsel for the informant.

2. The present appeal has been preferred through the Patna High Court, Legal Services Committee. This appeal is arising out of the judgment of conviction dated 20.08.2019 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 27.08.2019 (hereinafter referred to as the ‘impugned order’) passed by learned 1^st Additional Sessions Judge-cum-Special Judge (POCSO Act), Madhubani (hereinafter referred to as the ‘learned trial court’) in POCSO G.R. Case No. 16 of 2018 arising out of Benipatti P.S. Case No. 27 of 2018.

3. By the impugned judgment, the learned trial court has been pleased to convict the appellant for the offences punishable under Section 376 of the Indian Penal Code (in short ‘ IPC ’) and Sections 4 and 6 of the Protection of Children from Sexual Offences Act (in short ‘POCSO Act’).

4. By the impugned order, the appellant has been ordered to undergo imprisonment for life and to pay a fine of Rs.1,00,000/- for the offence under Section 376 IPC and in case of default of payment of fine, he has to further undergo one year imprisonment. For the offence under Sections 4 and 6 of the POCSO Act, he has to further undergo twenty years rigorous imprisonment for each of the Sections and to pay a fine of Rs.10,000/- each and in case of default of payment of fine, he has to further undergo six months imprisonment for each of the sections under the POCSO Act.

Prosecution story

5. The informant/ father of the victim (PW-3) alleged in his written application (Exhibit ‘1’) that on the alleged date of occurrence at about 03:00 PM in the evening, his daughter/ victim (PW-2) aged about eight years had gone in the garden (‘gachi’) situated at about 200 meters from his house and was collecting the leaves. In the meantime, Chhedi Das (this appellant) caught hold of the victim and committed rape upon her. The victim came crying and said taking name of this appellant that he has committed wrong act with her and fell unconscious. The informant and others brought her to Benipatti for primary health.

6. On the basis of this written application, Benipatti P.S. Case No. 27 of 2018 dated 03.03.2018 was registered under Section 376 and Sections 4 and 6 of the POCSO Act against this appellant. After investigation, Police submitted a chargesheet bearing No. 103 of 2018 dated 31.03.2018 under Sections 376 , 307 IPC and Section 4 and 6 of the POCSO Act against this appellant. Learned trial court, vide order dated 25.04.2018 took cognizance of the offences under , 307 and Section 3 and 4 of the POCSO Act against this appellant.

7. Charges were read over and explained to the appellant in Hindi to which he pleaded not guilty and claimed to be tried. Accordingly, vide order dated 24.07.2018, charges were framed under Sections 376 and 307 IPC and Section 4 and 6 of the POCSO Act.

8. In course of trial, the prosecution examined as many as eight witnesses and exhibited two documents. The names of the prosecution witnesses and the exhibits are being shown hereunder in tabular form:-

List of Prosecution witnesses

List of Exhibits on behalf of Prosecution