The determination of a victim's age, especially in cases involving minors, relies on the presumption of minority based on credible evidence such as school records and medical examination. The evidentiary value of school records and the credibility of the victim's testimony are crucial in establishing the age of the victim and proving the commission of offences under the POCSO Act.

JUDGMENT :

N.K. Chandravanshi, J.

1. This criminal appeal under Section 374(2) of Cr.P.C. is directed by the appellant against the impugned judgment of conviction and order of sentence dated 29-4-2022, passed by learned Upper Sessions Judge, Fast Track Special Court (POCSO Act), Manendragarh, Distt. Koriya (henceforth referred to as “trial Court”) in Special Criminal Case No. 54/2020, whereby the appellant-accused has been convicted for offence under Section 363, 366, 376(2)(n), 376(3) of the Indian Penal Code, (in short, hereinafter referred to as ‘the IPC’) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (in short, hereinafter referred to as ‘POCSO Act’) and sentenced as under :-

All the substantive jail sentences have been directed to run concurrently.

It is pertinent to mention here that appellant has also been convicted for the offence under Section 376 (2)(n) of the IPC, but since punishment under Section 6 of the POCSO Act, is greater in degree, therefore, in view of provisions of Section 42 of the POCSO Act, the appellant has only been sentenced for offence under Section 6 of the POCSO Act.

2. Facts of the case in brief are that on 23-9-2020 at about 2.30 pm, when minor victim, aged 14 – 15 years, went outside of her house, then appellant/accused took her on the water tank, kept her till 00.00 hour in the night and made physical relation with her on pretext of marriage. Thereafter, in the night itself, accused took her in the house of his brother Sanju, where he kept the victim till evening of 24-9-2020. There also, he made physical relation with victim. Thereafter the accused went from the house, leaving the victim there. At about 8.00 pm, the victim came out of the house and was going towards her house. Since parents of victim did not find her, they along with other persons were searching her and after getting the victim, she was taken to Police Station Jhagrakhand, where, FIR Ex. P-15 was lodged on 24-9-2020 by mother (P.W. 2) of the victim (P.W. 1). Recovery memo (Ex. P-1) was prepared, statement of victim was recorded, her statement under Section 164 of the Cr.P.C. was also recorded. She was medically examined by Dr. Ankita Agrawal (P.W. 3), who opined vide MLC report (Ex. P-5) that there was sign of recent sexual intercourse with the victim, but no external or internal injury was found on her body. She prepared two vaginal slides and also recovered Panty of victim, handed over the same for chemical examination, which was seized vide Ex. P-9. Statement of witnesses were recorded. Copy of Dhakhil-Kharij register (Ex. P-8-C) of primary school of prosecutrix was seized vide Ex. P-7. Semen slide and underwear of accused were seized vide Ex. P-10. Spot map was prepared. Progress report of Class 1 of victim (Article A-1) was seized and Mark sheet of Class 8 (Article A-2) of the victim was also recovered from her mother vide seizure memo Ex. P-13. Appellant was arrested. FSL report Ex. P-23 was received with regard to seized undergarment and slides of victim as well as accused. After usual investigation, charge sheet was filed before learned trial Court.

3. Learned trial Court framed charges under Section 363, 366, 376(2)(n), 376(3) of IPC and Section 6 of the POCSO Act, read over and explained to the accused, who abjured his guilt.

4. In order to bring home the offence, the prosecution examined following witnesses :-