IMPORTANT POINT
The reliability of the victim's testimony and the lack of requirement for corroboration in cases of sexual assault were central legal principles established in the judgment.

JUDGMENT :

Ramesh Sinha, Chief Justice

Heard Mr. Bharat Lal Dembra, learned counsel for the appellant. Also heard Mr. Shrikant Kaushik, learned Panel Lawyer, appearing for the respondent/State.

2. This criminal appeal preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) is directed against the impugned judgment of conviction and order of sentence dated 26.12.2022, passed by the learned Additional Session Judge (F.T.S.C.) (POCSO), Kondagaon, District Kondagaon (C.G.) in POCSO Case No. 33/2020, by which the appellant has been convicted for offences punishable under Section 366, 376(3) & 376(2)( ढ ) of the Indian Penal Code (IPC) and under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘POCSO Act’) and sentenced him to undergo rigorous imprisonment for 05 years and fine of Rs. 1000/-, in default of payment of fine additional rigorous imprisonment for 01 month, sentenced to undergo rigorous imprisonment for 20 years and fine of Rs.1000/-, sentenced to undergo rigorous imprisonment for 10 years and fine of Rs. 1000/- and sentenced to undergo rigorous imprisonment for 20 years and fine of Rs. 1,000/-, in default of payment of fine additional rigorous imprisonment for 01 month (all the sentences have been directed to run concurrently).

3. Case of the prosecution, in brief, is that on 16.07.2021, a written report was filed vide Ex.P/2 by the aunt (PW-2) of the victim to the effect that the appellant on the false promise of marriage committed sexual intercourse with her niece/victim (PW-1) and also took her to Tamil Nadu where she became pregnant and was having 06 months pregnancy and thereafter, instant report has been lodged. On the basis of said written complaint, First Information Report No. 03/2020 was registered against the accused/appellant under Section 376 of the IPC and under Sections 4 and 6 of the POCSO Act vide Ex.P/3 and the case was taken into consideration.

4. Investigating Officer went to the place and prepared the spot map vide Ex.P/11. Statement of the victim was recorded under Section 164 of the Cr.P.C. The accused was arrested in front of witnesses and prepared the arrest sheet vide Ex.P/9. Medical examination of victim was got done by Dr. Shivangi Singrol (PW-3) vide Ex.P/14, in which she has stated no injury has been seen on the private part of the victim. The appellant was also medically examined by Dr. Rupesh Rawte (PW-6). After usual investigation charge-sheet was filed against the accused before the learned Additional Session Judge (F.T.S.C.) (POCSO), Kondagaon, District Kondagaon (C.G.), who conducted the trial.

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

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

7. Besides aforesaid ocular evidence, prosecution also exhibited following documents :-