The judgment established the importance of analyzing evidence in cases under the POCSO Act, the reverse burden on the accused to prove innocence, and the need to consider enmity between parties when assessing witness testimony.

1. With the consent of the parties, the appeal is disposed of without preparation of paper books.

2. Judgment and order dated 01.12.2016 and 02.12.2016 passed by learned Additional Sessions Judge, Krishnanagar, Nadia in Sessions Trial No. III (I) of 2016 corresponding to Sessions Case No.10 (09) of 2015 (special) convicting the appellant for commission of offence punishable under Section 8 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘POCSO Act’) and sentencing him to suffer rigorous imprisonment for five years and to pay a fine of Rs.10,000/-, in default to suffer rigorous imprisonment for six months more has been assailed.

3. The prosecution case, as alleged, against the appellant is to the effect that on 17.09.2015 at about 12.30 P.M. the victim, a 15 year old girl, was alone at her house. Taking advantage of such situation, the appellant entered the house and after shutting the door, gagged her mouth and ravished her. Thereafter, the appellant threatened the victim and left the place. When her mother returned, the victim narrated the incident to her who then lodged a written complaint with the police station resulting in registration of Dhubulia P.S. Case No.288 of 2015 dated 18.09.2015 under Section 376(2)(i) of the Indian Penal Code. The victim was medically examined by the doctor and in conclusion of investigation, charge sheet was filed under Sections 376/511 of the Indian Penal Code and under Section 4 of the POCSO Act.

4. Charges were framed under Section 376(2)(i) of the Indian Penal Code and under Section 18 of the POCSO Act. The appellant pleaded not guilty and claimed to be tried. In the course of trial, the prosecution examined ten witnesses. The defence of the appellant as transpiring through the trend of cross-examination was to the effect that there is an enmity between the family of the appellant and the victim and over such issue, the appellant was falsely implicated at the behest of a local political leader, namely, Puchu Ghosh @ Putu. In conclusion of trial, the trial judge by the impugned judgment and order dated 1.12.2016 and 2.12.2016 convicted and sentenced the appellant, as aforesaid.

5. Mr. Ganguly, learned senior counsel appearing for the appellant submitted that the evidence of the victim (P.W.1) does not inspire confidence. He took me through the cross-examination of the victim wherein she had admitted that there was enmity between her grandfather and the family of the appellant over the issue of illegal hooking of electricity and damage of crops. Other prosecution witnesses also admitted that they had made statements in the case at the behest of one Puchu Ghosh @ Putu, a political leader.

6. He also argued that the version of the victim as narrated in chief with regard to scuffle with the appellant and injuries on her person is also not supported by the medical evidence. Hence, the appellant is entitled to an order of acquittal.

7. On the other hand, Mr. Basu, learned counsel appearing for the State submitted that the version of the victim ought to be read in the light of the statutory presumption under Section 29 of the POCSO Act and in view of the fact that her version is corroborated by other witnesses including medical evidence, the appeal is liable to be dismissed.

8. P.W.1 is the victim. She deposed that she was 15 years old and studying in Class IX at the time of occurrence. She stated that the incident took place about 2/3 months ago at about 12.30 noon. On the occasion of Did she was rearranging her room. Her mother and grandfather were absent. She was alone in her house. The appellant was catching fish in the pond at that time. The appellant came to the room, closed the door and embraced her after removing her wearing apparels. He proceeded to commit rape against her will and thereafter fled away from the place. In the evening, her mother returned home and she narrated the incident to her mother who lodged a complaint with Dhubulia Police