The credibility of the victim's testimony and the significance of medical evidence in cases of sexual assault.

JUDGMENT :

SUBHASIS DASGUPTA, J.

1. This appeal found its emergence after it was preferred by accused/appellant against the judgment and order of conviction, and sentence, passed by learned Additional Sessions Judge, 2nd Court, Krishnanagar, Nadia, in Sessions Trial No. X (VIII)/2015, arising out of Sessions Case No. 9 (05)/2015 (Spl.) convicting the accused/appellant under Section 6 of Protection of Children from Sexual Offences Act, 2012, and sentencing him thereunder to suffer imprisonment for ten (10) years and a fine of Rs. 50,000/- (Rupees Fifty Thousand), with default stipulation to undergo rigorous imprisonment for one (1) year more.

2. Before addressing the issues raised in this appeal by the accused/appellant, it would be relevant and convenient also to reproduce precisely the factual scenario of this case, as highlighted by the prosecution, discernable from the witnesses examined during trial that on 18.05.2015 at about 4.00 P.M. in the afternoon accused/appellant, to whom the victim girl would ordinarily address as “Pishemoshai” called the victim girl from her house on the pretext of supplying grass for cows from field. Victim, a twelve (12) year old girl, by reason of her previous acquaintance with accused/appellant went to the field, responding to the call of accused/appellant, where she was forcibly raped making her undressed in a jute field situated near Chingrimari math within village Ishwarchandrapur, under P.S. Dhubulia. Victim then returned home after being subjected to such penetrative sexual assault, and narrated everything to her mother bursting into tears. The father of victim girl returned home in the evening on the same date, and took his victim daughter to Dhubulia B.P.H.C. for providing her medical attention. On the following date, victim girl was forwarded to Krishnanagar Sadar Hospital for her better medical/gynecological examination.

3. Police receiving a complaint, lodged by the father of victim, on 19th May, 2015 at 12.05 hrs. held investigation. The statement of victim girl as well as her mother was recorded under Section 164 Cr.P.C. The wearing apparels of victim, stained with mud, after it was produced, was seized by Investigation Officer. Ultimately, police submitted chargesheet against the accused/appellant.

4. The Trial Court conducted the trial after framing charge against accused/appellant under Section 6 of POCSO Act, 2012. To bring whom the charge against the accused/appellant, prosecution examined as many as fourteen (14) witnesses, amongst whom PW-1 is the victim, while PW-2 and PW-10 are the parents of victim being father and mother respectively. PW-3 is the elder brother of victim, PW-4 and PW-11 are the two doctors medically examining victim girl on two consecutive dates. (PW-11 examined victim girl being a Medical Officer of Dhubulia B.P.H.C. on 18.05.2015 at about 11.00 P.M. i.e. on the fateful date of incident, while PW-4 being a Medical Officer of Krishnanagar Sadar Hospital medically examined victim girl on 19th May, 2015. The medical examination report of PW-11 corresponding to 18th May, 2015 is Exhibit-6, while the medical examination report of PW-4 corresponding to 19th May, 2015, is Exhibit-4.) PW-13 is another doctor, who held the potency test of accused/appellant, a sixty (60) year (approx.) old man, and after examination he was held to be medically potent. PW-14 is the Investigating Officer. Besides above, rests of the witnesses are without any significance for their want of disclosure of facts in order to determine the offence.

5. The order of conviction and sentence was challenged in this appeal taking grounds, which are many-fold.

6. Learned advocate Mr. Roy for the appellant adverting to the medical evidence adduced by two doctors (PW-4 and PW-11) arduously submitted that the possibility of claim of sexual violation, as testified by victim herself (PW-1), had been completely ruled out, and thus the story of victim becoming a subject of aggravated penetrative sexual assau