The reliability of a victim's testimony, corroboration from other witnesses, and the credibility of the defendant's defense are crucial in cases of sexual assault.

JUDGMENT :

JOYMALYA BAGCHI, J.

1. Appellant is the father of the victim who is a 14 year old girl. Prosecution alleges the minor girl used to reside with her father i.e. the appellant. Her mother used to stay in the house of one Susanta Halder where she worked as a nurse. On 30th October, 2016, mother of the victim (PW-1), stated her daughter informed her that for the last one year her father had subjected her to penetrative sexual assault on a number of days. Out of fear, shame and trauma she did not inform the incident earlier. Hearing this horrible news PW-1 became outraged and confronted her husband i.e. the appellant. They had a quarrel. Thereafter, she informed her sister-in-law, PW-10 who, in turn, had informed the incident to the brothers of PW-1, that is, PW-6 and PW-8 respectively.

2. PW-1 lodged written complaint resulting in registration of Chandannagar Police Station Case No. 266 of 2016 dated 30.10.2016 under Section 376(2)(f) of the Indian Penal Code. Appellant was arrested and charges were framed under Sections 376(2)(f)/506 of the Indian Penal Code and Section 6 of the POCSO Act. Appellant pleaded not guilty and claimed to be tried.

3. In the course of trial prosecution examined ten witnesses. During examination under Section 313 of the Code of Criminal Procedure appellant denied the incident. Only after entering his defence appellant examined himself as DW-1 and one Manoj Mukherjee as DW-2. During his deposition the appellant made out a new defence case that his wife (PW-1) had an illicit relationship with one Pacha. This resulted in an altercation between them. Hence, he was falsely implicated in the case. DW-2 was examined to probabilise his alibi that the appellant was not in his residence and had gone elsewhere for work. The witness stated appellant used to stay away from his residence in connection with constructing pandels at various places. Vouchers in connection with such construction work were also exhibited.

4. On analysis of the evidence on record learned Trial Judge relied on the evidence of the minor child (PW-2) and disbelieved the belated defence version. Accordingly, by the impugned judgment and order he convicted the appellant under Sections 376(2) of the Indian Penal Code and 6 of the POCSO Act and sentenced him to suffer rigorous imprisonment for life and to pay fine of Rs. 2,000/- and in default of payment of fine to suffer simple imprisonment for two months for commission of offence under Section 376(2) of the Indian Penal Code and Rs. 3,00,000/- to be paid to the victim as compensation.

5. Learned Counsel for the appellant submits PW-2 is not a reliable witness. During her deposition she could not tell the dates on which she had been raped. Victim had not disclosed the incident to her mother immediately though the latter used to stay in the same locality. Even the circumstances in which the mother came to know of the incident are unclear. Victim admitted that her younger brother used to reside in the same house. Presence of the brother in the house improbabilses the allegation of rape. Prosecution has not examined her brother during trial. After registration of FIR, victim declined medical examination. Trial court ought to have drawn adverse inference against the prosecution case on such account. PW-7 (maternal uncle of the victim) claimed the victim’s mother (PW-1) had stated the victim had been taken to a doctor after the incident. The said doctor has also not been examined. On the other hand, appellant examined himself as DW-1. He stated PW-1 (mother of the victim) was having an illicit affair with one Pacha. He protested and was falsely implicated on such score. He also stated he was away from his residence owing to his work and the allegation of rape is patently absurd. DW-2 corroborated him.

6. Mr. Ahamed, learned Additional Public Prosecutor submits appellant is the father of the minor victim. Instead of protecting her he predated on her and repeatedly raped her. Out of fear, shame and t