IMPORTANT POINT
The main legal point established in the judgment is the strict application of the POCSO Act and IPC provisions to convict the appellant for sexually assaulting a minor girl below 12 years of age. The court also emphasized the burden of proof on the prosecution and the rejection of the appellant's plea of insanity.

JUDGMENT :

Ramesh Sinha, Chief Justice

1. The appellant has preferred this appeal under Section 374(2) of Code of Criminal Procedure, 1973 (for short, ‘CrPC’) questioning the impugned judgment dated 31.01.2024 passed by the learned Additional Sessions Judge, F.T.S.C. (POCSO), Rajnandgaon, District- Rajnandgaon (C.G.) in Special Criminal (POCSO) Case No.71/2020, whereby the trial Court has convicted the appellant under Section 376AB of the Indian Penal Code, but not awarded sentence under this Section and also convicted under Section 5(m) read with Section 6 of the Protection of Children from the Sexual Offences Act, 2012 (for short ‘the POCSO Act’) and sentenced him to undergo life imprisonment till natural death with fine of Rs. 20,000/-, in default of payment of fine, additional rigorous imprisonment for 01 year.

2. Case of the prosecution, in brief, is that on 05.11.2020, at around 3.00 PM, the applicant i.e. the aunt of the victim (PW-03) was in her house. The applicant’s sister-in-law (jethani) i.e. the victim’s mother (PW-02) and the applicant’s brother-in-law (jeth) i.e. the victim’s father (PW-07) had gone to the fields. The children of applicant’s house U(N), victim, KMDR, PRTM, GJN, victim’s friend (PW-08) and other children were playing in the street and applicant/victim’s aunt was working inside the house. Then, all the children came to the house of the applicant and told her that the accused “D alias DN” has taken the victim to his house for long time and had locked the door from inside and had committed sexual intercourse with the victim, then victim’s aunt (PW-3) asked the elder sister of victim that where is the victim when she saw that the victim was standing near the door, she called the victim near her and asked her what had happened to which victim told her that accused had forcefully made intercourse with her. The applicant’s aunt then informed victim’s uncle (PW-06) about the incident and later in the evening, when victim’s parents came back from field, they were also told about the incident. Thereafter, victim’s father called elderly people of the village to his house and told them about the incident after which, the villager called a vehicle by dialing 112 and then, in the said vehicle, the village kotwar, victim’s father, her uncle and other people took her to District Hospital, Rajnandgaon for her treatment.

3. On giving information by the victim’s aunt (PW-03) at police outpost, District Hospital, Rajnandgaon about the accused taking the minor victim to his house and rape against her, on 05.11.2020, at about 23.40, dehati nalsi against the accused under section 376 of the IPC and Section 4, 6 of the POCSO Act was registered vide Ex.P-4. On 05.11.2020, permission from victim’s mother vide Ex.P-1 and from father vide Ex.P-8 were received for examination of victim’s genitals from the lady doctor and a memo vide Ex.P-17 was sent to District Hospital, Rajnandgaon for genital examination and to give report on the same day. On the same day, on producing the undergarment worn by the victim in front of the witnesses, the same was seized vide Ex.P-2. On 06.11.2020 on the basis of Dehati Nalsi, FIR was registered against the accused under Section 376 of the IPC and Section 4, 6 of the POCSO Act at Crime No.205/2020 vide Ex.P-14. On 06.11.2020, an application (Ex.P-18) was sent by the District Hospital, Rajnandgaon to inform the result about the seized maroon colour undergarment of the victim after which, the same was received (Ex.P-29).

4. During the course of investigation, on 06.11.2020, the medical examination report (Ex.P-28) of the private parts of the victim was received from the female doctor and during the examination, 02 pieces of vaginal slides were prepared, sealed and given to lady constable Lileshwari Bhandari and the victim was referred to a gynecologist for expert opinion and further treatment. On 06.11.2020 itself, when lady constable No.69 Lileshwari Bhandari brought and presented 02 pieces of vagin