IMPORTANT POINT
The importance of medical evidence in corroborating accusations of sexual abuse and the need for a fair trial where both the victim and the accused have equal opportunities before the court.

JUDGMENT :

TIRTHANKAR GHOSH, J.

1. The present appeal has been preferred against the judgement and order of acquittal dated 16.02.2022 passed by the learned Special Judge (POCSO Act), North and Middle Andaman, Mayabunder in connection with Special POCSO ST No. 13 of 2020 arising out of Special POCSO Case No. 20 of 2020, wherein the learned Special Court was pleased to acquit the accused respondent from the charges under Section 5/6 of POCSO Act and Section 376/506 of the Indian Penal Code.

2. Diglipur PS case No. 48/2020 dated 07.05.2020 was registered for investigation on the basis of the complaint of the mother of the victim girl. The said statement of the mother of the victim girl (hereinafter referred to as ‘Y’) was recorded by the Inspector being the Station House Officer of the Diglipur. She alleged that she was residing with her two daughters and second husband (who is the accused of the case) in a rented house at Madhupur. The victim ‘X’ was born out of the first wedlock who was aged about 10 years and her second husband used to abuse her elder daughter and in the year 2019, he did certain wrong things with her elder daughter/victim for which a POCSO case was already filed against him. Again on 04.05.2020, in the afternoon when she had been to the bank, her daughter told her that in her absence her stepfather took off her pants and also his own pants and inserted his private part into her private part. Due to lockdown in Corona she could not immediately report to the Police Station and on 06.05.2020 at night she had been to CHC Diglipur because her health condition was very bad and she informed her neighbour Sangita Mondal, to inform the Police Station as the child was alone in her home so that no further wrong is committed upon her. On 07.05.2020 the said Sangeeta Mondal informed the police station at Diglipur and, as such, when the police approached her, she made her statement. She requested the police authorities to take action against the accused.

3. The investigating agency, in order to prove its case examined number of witnesses and also relied upon a series of documents. The learned Special Court, on perusal of the documents relied upon by the prosecution in support of its report under Section 173 of the Code of Criminal Procedure, framed charges under Sections 5 (l) (m) of the POCSO Act which were punishable under Section 6 of the said Act and also under Section 506 of the Indian Penal Code.

4. The prosecution, in order to prove its case relied upon PW 1, ‘X’ -the victim; PW 2 ‘Y’ mother of the victim and the complainant; PW 3 Sangeeta Mondal and acquaintance of the complainant; PW 4 Dr. Nicolas, the medical officer who examined the accused; PW 5 Smt. T. Sunitha, who was posted as DCPU as Protection Officer; PW 6 is Smt. Soma Dey, Constable posted at Diglipur Police Station; PW 7 Jaba Hawaldar, Constable posted at Diglipur Police Station; PW 8 Sushil Sarkar, Constable posted at Diglipur Station; PW 9 G.Uday Bhanu, Head Constable of Diglipur Police Station; PW 10 Tamilarasan, Sub Inspector of Police attached to Diglipur Station and the Investigating Officer of the case.

5. Prosecution also relied upon number of documents being Exhibit-1 which is the statement of victim under Section 164 of the Code of Criminal Procedure; Exhibit-2 statement of the mother of the victim girl before the police authorities which has been treated to be complaint of the instant case; Exhibit-3 is seizure list by way of which the Birth Certificate of the victim girl was collected; Exhibit-4 is the Birth Certificate issued by the Registrar of the Births and Deaths; Exhibit-5 is the Medico Legal Examination Report of Sexual Violence of the victim girl; Exhibit-6 is the statement of the complainant/mother of the victim girl under Section 164 of the Cr.P.C; Exhibit-7 is the medical examination report of the accused; Exhibit-8 is the formal FIR alongwith the complaint; Exhibit-9 is the site plan/sketch map; Exhibit-10 is the requisition for obtai