IMPORTANT POINT
The judgment emphasizes the importance of protecting the rights and dignity of victims of sexual offenses, highlighting the credibility of the prosecutrix's testimony and the significance of medical evidence in establishing guilt.

JUDGMENT :

1. This appeal arise out of the judgment of conviction and order of sentence dated 18-04-2019 passed by the Special Judge (POCSO Act), Katghora, in Special Criminal (POCSO) Case No.09/2018 whereby the appellant has been convicted and sentenced in the following manner with a direction to run all the substantive jail sentences concurrently :-

2. Brief facts of the case are that, the prosecutrix (PW-1) has lodged a written report to the Police Station Dipka on 04-03-2018 against the appellant with the allegation that in the intervening night of 03-03-2018 and 04-03-2018 at about 1:00 a.m. when she had gone to bathroom situated at the courtyard, the appellant jumped inside from the boundary wall, caught her hold from backside, laid her down on the ground and committed rape upon her after removing her clothes. At that time she shouted, then her mother came there and then the appellant fled away by jumping out from the boundary wall. She received injuries on her left hand and right leg. When her father came from his duty in the morning, she informed him about the incident and then she came to lodge the report along with her family members. Based on her written report Ex.-P/1, FIR Ex.-P/2 was registered on 04-03-2018 for offence under Section 376 of the IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’). The prosecutrix was sent for her medical examination to Community Health Center, Katghora, where Doctor Smt. Beratha Tigga (PW-9) has examined her and gave her report Ex.-P/4. While examining the prosecutrix, the doctor has found following injuries on the body of the prosecutrix:-

(i) multiple bruises present over right forearm

(ii) swelling present on right forearm below elbow joint 2 x 2 cm.

(iii) multiple bruises present over left forearm

(iv) bluish skin scratch present on right thigh backside

(v) redness and swelling present on right thigh later side

(vi) scratch present over chest over right region.

The doctor opined that sexual intercourse took place on the girl. The prosecutrix was referred for X-ray examination for determination of her age. Two slides of her vaginal swab were prepared and handed over to the police. The pubic hair of the prosecutrix was also taken, sealed and handed over to the police for FSL examination. The underwear of the prosecutrix was seized vide seizure memo Ex.-P/5. The spot map Ex.-P/7 was prepared. With respect to the age of the prosecutrix her achievment record of Class Vth has been seized vide seizure memo Ex.-P/6 in which her date of birth is recorded as 22-08-2004. The certificate of school admission and discharge has been seized by the police from Beacon English Higher Secondary School, Shakti Nagar, Gevra which is Ex.-P/16, in which also the date of birth of the prosecutrix is recorded as 22-08-2004. The prosecutrix was sent for her X-ray examination for age determination to Indira Gandhi District Hospital, Korba where Doctor Dilish Singh (PW- 11) has examined her and gave his report Ex.-P/17. After examination of X-ray report the doctor has opined that age of examined person by X-ray is above 12 years, but below 14 years. The appellant was arrested on 05-03-2018 and he too was sent for his medical examination to Community Health Center Dipka where Doctor Kamlesh Singh Porte (PW-6) has examined him and gave his report Ex.-P/13. While examining the appellant the doctor has found him capable to perform sexual intercourse. The underwear of the appellant has also been seized vide seizure memo Ex.-P/11. The seized articles including slides of vaginal swab of the prosecutrix was sent for FSL examination to regional FSL Bilaspur. The statemen