The main legal point established in the judgment is the reliance on the victim's unshaken testimony, the presumption of guilt under Section 29 of the POCSO Act, and the impact of the amendment to Section 6 of the POCSO Act in reaching the decision.

ORDER :

Kesang Doma Bhutia, J.

This appeal is directed against the order of conviction and sentence passed by Special Judge (POCSO), Andaman and Nicobar Islands, Port Blair in Sessions Case No. 24 of 2017 on 06.11.2017, whereby the appellant has been convicted for commission of offence punishable under Section 6 of the POCSO Act, read with section 376 I PC and sentenced to suffer rigorous imprisonment for twenty-five years with fine of Rs. 1 Lakh and in default to suffer further simple imprisonment for one year for committing of offence under Section 5G)(ii) of POCSO Act, 2012.

2. In the present case the criminal proceeding against the Appellant perpetrator, who happens to be the step father of the prosecutrix has been set in motion on the initiative taken by PW3 Sister Rose Ann, sister-in-charge of Nirmala Shishu Bhawan, Port Blair (the Children's Home of Missionaries of Charity for abandoned street babies and children or a shelter home or institution meant for minor children in need of care and protection) where the victim girl who was six months old pregnant was admitted by her own mother and the perpetrator step father on 08.06.2017.

3. That Sister Ann on finding the victim to be a minor pregnant girl and on learning that she was impregnated by her own step father put criminal law in motion by informing the concerned authority i.e. Mr. P.C. James (PW10) Nodal Officer of Social Welfare Department and who in turn appears to have informed District Child Protection Unit, Port Blair. On receiving information from Mr. James, Dr. Sheetal Anup, DCPO, Port Blair along with child line workers Renu Singh and Suman Barla (PW2) proceeded to Nirmala Shishu Bhawan after informing Women Police Cell of Port Blair. That members of DCPU and lady police official of Women Police Cell, Port Blair after reaching the Children's Home enquired the victim girl and who invariably told them that it was her step father who committed sexual offence/rape on her and which resulted in her pregnancy. Then they obtained a written complaint duly signed by the victim and on which the members of DCPU too have signed and forwarded the same to Aberdeen P.S. for taking necessary legal action. On receiving such complaint of victim from DCPU and official of police women cell, PW 12 Station Writer of Aberdeen PS started Zero FIR dated 15.06.2017under Section 5G)(ii)/6 of POCSO Act read with Section 376 I PC and transmitted the same to the Hutbay PS for initiating regular case or FIR.

4. PW13 Mohd. Mustafa, Head Moharar of Hutbay PS on receiving Zero FIR and on direction of PW 14 Inspector Bishal Ram registered Hutbay PS case No 44/17 dated 16.06.2017 under section 5G)(ii)/6 of POCSO Act read with Section 376 I PC against the accused. PW 14 Inspector Bishal Ram, the then SHO of HutBay P.S. took up the investigation of the case suo moto and arrested the perpetrator the convict/accused. That on completion of investigation and having found sufficient materials against the accused for committing offence under section 5(j)(ii)/6 of POCSO Act read with Section 376 I PC submitted charge sheet under those sections.

5. From the above discussed facts, it appears when the mother of the victim found her eldest daughter was six months pregnant, instead of lodging any FIR against the actual perpetrator and without ascertaining the identity of actual perpetrator from the daughter seems to have brought the pregnant girl along with her second husband all the way from Hutbay to Port Blair and dumped her in a Children's Shelter Home run by Missionaries of Charity. P.W.3 the Sister In-charge of the shelter home in her evidence has stated that parents of the victim were in hurry to catch return ship to HutBay from Port Blair and they just left behind the victim with an assurance to take her back after delivery. Such unusual conduct on the part of the biological mother of the victim gives rise to presumption that she was very much aware of the involvement of her second husband of few months in t