The main legal point established in the judgment is the requirement for legally admissible evidence to prove the prosecutrix's age and the need for the prosecutrix's testimony to inspire confidence.

ORDER :

1. The appeal arise out of the judgment of conviction and sentence dated 07.12.2022 passed by Additional Sessions Judge, Fast Track Special Court (POCSO ACT) Ramanujganj, District-Balrampur-Ramanujganj (C.G.) in Special Sessions Trial (POCSO) Case No. 56/2019 whereby the appellant has been convicted and sentenced in the following manner:

2. Brief facts of the case are that, on 12.10.2019 the father of the prosecutrix has lodged a report to the Outpost Ganesh Mod Police Station-Balrampur with the fact that he is residing at Village Jarhadih along with his family. On 11.10.2019 in the night they have had their dinner and he went to watch orchestra at Ganesh Mod and about 12:30 in the night he came back from there and went to asleep, on 12.10.2019 at about 4:00 A.M. his wife informed him that his daughter is not in her room and she went alongwith her bag, mobile and saree and Aadhar Card then they searched her in their relatives house and neighborhoods, but her whereabouts could not be traced out. He suspect that someone has allured his daughter and taken her alongwith him. The police has registered the offence of 363 of IPC against unknown person vide Ex.P/8. On 14.10.2019 the prosecutrix was left by the appellant at bus stand, Ambikapur. The police has taken her to the outpost situated at bus stand Ambikapur and from where she was sent to the child welfare Committee Sarguja where her statement was recorded vide Ex.P/5 and P/6 thereafter a recovery panchanam has been prepared on 18.10.2019 vide Ex.P/11. The prosecutrix was sent for her Medical Examination to District Hospital, Balrampur where Dr. Vineeka Bhagat PW-P/5 has examined her and gave her report Ex.P/16. No external or internal injuries were found on the body of the prosecutrix, two slides of her vaginal swab has been prepared which was sent for FSL examination. FSL examination report was obtained by the police in which no seman and sperm have been found on the veginal swab of the prosecutrix and cloths of the prosecutrix and appellant. The School admission and discharge register from Balak Aashrma Primary School, Jarahadeeh was seized vide Ex-P/18 and after retaining a true copy of the relevant part of the School register the original was return back to the school and the attested true copy of the school register is Ex-P/19C in which the date of birth of the prosecutrix is mentioned as 12.06.2004. The appellant was arrested on 01.11.2019. On 01.11.2019 the memorandum statement of the appellant was recorded in which he disclosed that the mobile which was given to him by one Shivkumar, he used to talk to the prosecutrix by the said mobile and asked her to come to Ambikapur. On 12.10.2019 when she came to Ambikapur bus stand and called him in the mobile phone, he along with his friend Mansoon Kumar Yadav went there in his motorcycle and taken the prosecutrix alongwith them to the house which was under possession of said Mansoon Kumar Yadav and made physical relation with the prosecutrix and thereafter they left the prosecutrix near the bus stand, Ambikapur and return back to there houses. Thereafter the co-accused Mansoon Yadav has also been arrested by the police on 01.11.2019. Based on the memorandum statement of the appellant one motorcycle and one mobile phone has also been seized from the appellant from his house vide Ex.P/13 the accused persons put for their Test Identification Parade which was conducted by the then Executi