IMPORTANT POINT
The judgment establishes the importance of proving the victim's age in cases of sexual offenses against minors and highlights the legal provisions under the POCSO Act and the Indian Penal Code for determining guilt and sentencing.

JUDGMENT :

Ramesh Sinha, C.J.

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 13.09.2022 passed by the learned Additional Sessions Judge, Dongargarh, District- Rajnandgaon in Sessions Trials No.16/2019 (CNR No. CGRN09-000375-2019), whereby the trial Court has convicted the appellant under Section 6 of the Protection of Children from the Sexual Offences Act, 2012 (for short ‘the POCSO Act’) and sentenced him to undergo rigorous imprisonment for 20 years with fine of Rs.1,000/-, in default of payment of fine, additional rigorous imprisonment for 03 months.

2. Case of the prosecution, in brief, is that the father of the victim had lodged a written report in Police Station Bortalab alleging therein that on 30.10.2019, they were in the house of relatives in village Karutola, at that time, the victim along with her sister were present in the house. The appellant came to their home at 19.00 O’clock and on knowing that their parents are out of village, locked the door from inside and committed forceful rape with the prosecutrix, who was minor at the time of incident. Thereafter, the prosecution has lodged the First Information Report (Ex.P/1) under Crime No. 31/2019 for the offence punishable under Section 376 of the IPC and Sections 04 & 06 of the POCSO Act and the accused/ appellant was taken into custody vide Ex.P/10.

3. During the course of investigation, Crime Details Form was prepared vide Ex.P/2. Birth certificate of the victim was seized from her father vide Ex.P/3. After taking consent from the father of the prosecutrix vide Ex.P/4, the prosecutrix was medically examined by Dr. B.P. Ekka (PW-21) vide Ex.P/19. As per memorandum statement of accused/appellant (Ex.P/8), one underwear and one full pant were recovered vide Ex.P/9. Spot map was prepared vide Ex.P/11. Statements of the victim and witnesses i.e. father of the victim Sukhdev Ram Kanwar, Smt. Sukhbati Kanwar (mother), Darshan Ram Gond, Rajkumar Nishad were recorded vide Exs. P/13, P/5, P/12, P/14 and P/20 respectively. Memo to Head Master for providing dakhil kharij register was sent vide Ex.P/15 and a certified copy dakhil kharij register (Article A-1C) was seized vide Ex.P/16. Accused was also medically examined vide Ex.P/17 by Dr. Sanjay Choudhary (PW-14). Two vaginal slides and undergarment of the victim preserved and prepared by Dr. B.P. Ekka (PW-21) were seized vide Ex.P/21 & P/23. For determination of the age of the victim, X-ray of the victim was taken by Dr. Rajesh Patel (PW-19) and its report was obtained vide Ex.P/22. Memo to Radiologist regarding age determination of the prosecutrix was sent vide Ex.P/24. Seized articles were sent for chemical analysis to Forensic Science Laboratory, Raipur vide Ex.P/25 and receipt was obtained vide Ex.P/26. Notices under Section 160 of Cr.P.C. were given to the victim and witnesses for recording their statements vide Ex.P/06, P/07, P/13, P/27, P/29 & P/29. Memo to Judicial Magistrate and statement under Section 164 of Cr.P.C. of the victim, Tameshwari & Sukhdev Ram Kanwar were taken vide Ex.P/31.

4. After completion of investigation, the police submitted the police report alongwith charge-sheet against the appellant/convict under Section 376 of the IPC and Sections 04 & 06 of the POCSO Act before the Additional Sessions Judge, Dongargarh, District - Rajnandgaon, where the case was commenced for trial in Sessions Trial No. 16/2019 (CNR No. CGRN09-000375-2019) and charges were framed under Section 376AB of the IPC and Section 06 of the POCSO Act.

5. Statement of accused was recorded under Section 313 of the Cr.P.C. in which he denied all the circumstances appearing against him and stated that he is innocent and has been falsely implicated. He has not examined any witness in his defence.

6. The prosecution in order to bring home the offence examined as many as 25 witnesses and exhibited 31 documents (Exhibits P-1 to P-31).