IMPORTANT POINT
The court emphasized the importance of the victim's consistent testimony and medical evidence in cases of sexual assault. It highlighted the presumption of certain offences under the POCSO Act, which shifts the burden to the accused to disprove the presumed facts.

JUDGMENT :

TIRTHANKAR GHOSH, J.

1. The present appeal has been preferred against the judgement and order of acquittal dated 13th August, 2021 passed by the learned Special Judge (POCSO Act) North and Middle Andaman, Mayabunder in connection with Special (POCSO) ST No. 35 of 2019 corresponding to Special POCSO Case No. 20 of 2019, wherein the learned Special Court was pleased to acquit the accused/respondent from the charges under Section 6 of the POCSO Act and Section 376 AB/506 of the Indian Penal Code.

2. The genesis of the case relate to Diglipur Police Station Case No. 78/19 dated 01.08.2019 which was registered for investigation under Section 5/6 of the POCSO Act, 2012 read with Section 376 AB/506 of the Indian Penal Code. The registration of the aforesaid case was pursuant to the statement of the victim aged about sixteen years ten months and twenty days recorded by the inspector/Officer-in-charge of the Police Station wherein the victim stated that she was residing with her parents in the rented house in Shibpur and both of them were engaged as labours. When she was nine years old, she was admitted at Seva Niketan situated at Dairyfarm, where she studied from class I to VI at Dairyfarm Hindi Medium School. Her mother was assaulted and forced to bring her back to the house from Seva Niketan in the year 2017 and she was admitted at Government School Keralapuram. She alleged that one day when her mother was not at home, her father patted on her body and when she ignored the same, she was threatened and forced to have physical relationship. She was further asked not to divulge the matter to anyone or else she would be killed along with her mother. Being afraid, she did not divulge such incident to her mother and thereafter, whenever her mother went out for work, her father forcibly used to have physical relationship with her. On 30.07.2019, when she went to the house of her maternal grandmother (which was in a nearby place) her father came there, called her and ordered her to go to the house. At about 12:30 P.M. her father patted on her body and asked her to take his private part in her mouth and at about 13.00 hours when she came out running, one of the neighbours wife stopped her. She narrated about her father’s behavior. Thereafter, at night, the said neighbour-grandma narrated the incident to her mother and on 01.08.2019 her mother and the said neighbour took her to CHC, Diglipur, for treatment where the doctor, after the treatment, asked them to inform the police and then they went to the Police Station for reporting the incident. She alleged that since 2017, her father on number of occasions had physical relationship with her when nobody was there at home, as such she prayed for proper investigation against her father.

3. On the basis of the aforesaid information, Diglipur Police Station Case No. 78 of 2019 was registered and on conclusion of investigation, the investigating authorities submitted the charge sheet, being charge sheet No. 87/19 dated 07.09.2019. The investigating authorities, in order to prove its case relied upon ten witnesses and eleven documents. The learned Special Court thereafter framed charges against the accused respondent under Section 6 of the POCSO Act and also under Section 506 along with Section 376 AB of the Indian Penal Code.

4. The prosecution in order to prove its case examined PW 1, ‘Y’ mother of the victim girl; PW 2, Sandhya Das, described as neighboring grandma; PW 3, Smt. Solomie, ASI of Police who recorded the statement of the victim girl; PW 4, ‘Z’, grandmother of the victim girl; PW 5, ‘X’ victim girl; PW 6, Smt. Sangeeta Ekka, Nursing officer of CHC Diglipur; PW 7, Ramesh Kishan, Head Constable of Special Armed Police who filled up the formal FIR; PW 8, Dr. Nazia Rasheed, Doctor who examined the victim at Diglipur CHC and prepared the report; PW 9, Inspector Preetam Bihari who submitted the charge sheet against the accused; PW 10, ASI P.Abdul Salam Investigating officer of the case.