IMPORTANT POINT
The testimony of a victim in sexual assault cases is credible and does not require corroboration for conviction, emphasizing the need for sensitivity in evaluating such evidence.

JUDGMENT :

Per Ramesh Sinha, CJ

1. This criminal appeal arises out of the judgment of conviction and order of sentence dated 21.12.2021 passed by the Additional Sessions Judge, First Fast Track Special Court, Raipur in Special Criminal Case No.6/2019, whereby the appellant has been convicted and sentenced in the following manner :

2. The prosecution story, in brief, is that the complainant/mother of the victim made a written complaint (Ex.P-2) to the Police Station Tikrapara to the effect that accused Dinesh Nishad sells chips, chocolates and children’s food in a stall near her house. On 22.11.2018 her daughter/victim had gone to shop to buy chocolates at about 6 P.M. When she was not seen for some time, she started searching around. The victim came out from the house of neighbour Dinesh Nishad scared. When she asked the victim, she told that Dinesh Nishad, the shop owner, took her inside the house, kissed and licked her, took off her underwear and his underwear and put his fingers in and out of her private parts, due to which the victim reported pain in the private parts. The accused tried to put his genitals in the victim’s mouth and performed obscene acts on her genitals with the finger of his hand. On the basis of the written report of the victim’s mother, an FIR was registered in Crime No.534 at Police Station Tikrapara, Raipur for offence under Section 376 of the IPC and Section 6 of the POCSO Act vide Ex.P-3 and the matter was taken into investigation. Spot map was prepared vide Ex.P-4. Consent was obtained from mother of the victim for medical examination vide Ex.P-5. Birth certificate issued by the Municipal Corporation, Raipur in which date of birth of the victim was mentioned as 26.04.2013 was seized vide Ex.P-6. Underwear of the victim was seized vide Ex.P-7. Patwari also prepared spot map vide Ex.P-8. MLC of the victim was conducted by Dr.Smt.Padmaja Dubey (PW-3) vide Ex.P-9 and found the following symptoms:-

“No marks of injury, no swelling, redness around vaginal opening, pain at that ana with mild tenderness, secrehous taken further let out two slides prepared for chemical examination handed over to same constable.

She has opined that sexual intercourse might have been done which can be compared by chemical examination of slides. At the time of examination, no sign of forceful act over body was found. The accused was also sent for medical examination where Dr.Virendra Kumar Jha (PW-4) was examined him and opined that he cannot say that he cannot perform sexual intercourse. The statement of the victim under Section 164 CrPC was recorded before the Judicial Magistrate First Class, Raipur vide Ex.P-1. The appellant was arrested on 23.11.2018 vide arrest memo Ex.P-20. Underwear and slides seized from the victim and underwear seized from the appellant were sent to FSL for examination vide Ex.P-22 and as per FSL report (Ex.P-24), semen stains and human sperm were found in Article ‘C’ (underwear seized from the appellant) and no semen stains and human sperm were found in Article ‘A’ and ‘B’ seized from the victim with a note the semen stains obtained in Article ‘C’ was not found sufficient for serological testing. Birth Certificate of the victim in which her date of birth has been mentioned as 26.04.2013 (Article A-1-C) given by her mother.

3. After completion of investigation, charge-sheet was filed before the jurisdictional Court under Sections 376 of the IPC and Section 6 of the POCSO Act.

4. The trial Court has framed the charges under Sections 376AB and 376(2)(n) of the IPC and Section 6 of the POCSO Act against the appellant.

5. I