IMPORTANT POINT
The conviction for sexual assault can be based solely on the victim's credible testimony, and the POCSO Act mandates minimum sentences for such offences against minors.

JUDGMENT :

Challenge in this appeal is to the judgment of conviction and order of sentence dated 14.06.2018 passed by the learned Sessions judge (In charge) FTC Balod, District Balod (CG) in Criminal Case (POCSO) No. 16/2017 whereby the appellant has been convicted and sentenced as under:

2. Brief facts of the case are that on 27.12.2016, at about 7.00 p.m. the victim/minor had gone for evening walk with her cousin sister and on the way, near the SBI ATM the appellant came and had a chat with her cousin and thereafter they had chat over the phone and again when the appellant called him, she asked the victim to go to him and inform that she will not be able to come. When the victim went to inform him about the same, he took her in his motorcycle for ride to Kokaan and behind the bushes, unclothed her and committed sexual intercourse with her. She suffered pain and tried to resist herself but the appellant threatened her against disclosing to anyone and thereafter left near her house. When the victim was not found for long time, search was made in the nearby places and when victim came, she narrated about the incident to her parents but since it was night, therefore the report was lodged on the next day at police station Rajhara, Balod for the offence under Sections 363, 376 and 506 IPC and Sections 4 & 8 of the POCSO Act. During investigation, the clothing worn by the victim at the time of incident and mark sheet were seized. After taking consent, the victim was sent for medical examination, her statement was recorded. Appellant was arrested, he was also medically examined and his clothes were seized. The vehicle used in the offence was also seized. Report was called from the Forensic Science Laboratory and charges were framed under Sections 4 & 8 of the POCSO Act. After completion of investigation, the appellant was charged for the offence punishable under Sections 363,376 and 506 IPC and Sections 4 & 8 of the POCSO Act.

4. 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. The prosecution examined as many as 9 witnesses to bring home the charges.

5. The trial Court upon appreciation of oral and documentary evidence on record and considering that it is the appellant who have committed aforesaid offence, convicted and sentenced him in the aforementioned manner, against which the appeal under Section 374(2) of the Cr.P.C has been preferred by the appellant.

6. It has been argued by the learned counsel for the accused/appellant that as per case of the prosecution, victim was minor on the date of incident, but this fact has not been proved by adducing lawful evidence. In this regard, the school admission and discharge register (Ex. P-11) of the victim has been seized, which shows that date of birth of victim is 13.06.2004 but it has not been proved by any of the witnesses that, on what basis aforesaid date of birth was recorded in the school. It has been argued that the MLC report Ex.P-16, the doctor has not found any external injury on the private parts of the victim. He further submits that except victim, there is no credible evidence in support of her statement and therefore, only on the basis of deposition of victim holding the appellant guilty by the learned trial Court is not sustainable and the alleged offence of the IPC and the POCSO Act are not made out against the appellant, hence, he is entitled for acquittal.

7. Per contra, learned State counsel submits t