The conviction of the appellant for sexual assault on a minor was upheld based on credible victim testimony and proper age determination under the POCSO Act.

Judgment :

(Ramesh Sinha, CJ.)

1. Today, though the present appeal has been listed for hearing on IA No.02 of 2024, which is application under Section 389 of the Code of Criminal Procedure (for short “Cr.P.C.”) for suspension of sentence and grant of bail, however, with the consent of learned counsel for the parties and considering the period of detention of the appellant, the appeal is being heard finally.

2. Accordingly, IA No. 02 of 2024 stands disposed of.

3. The appellant has preferred this appeal under Section 374(2) of Code of Criminal Procedure, 1973 (for short, ‘CrPC’) questioning the impugned judgment dated 23.07.2022 passed by the learned Additional Sessions Judge, (FTSC) (POCSO), Raigarh, District – Raigarh (C.G.) in Special Criminal Case (POCSO) No. 42/2020, whereby the trial Court has convicted and sentenced the appellant with a direction to run both the sentences concurrently in the following manner :

4. Case of the prosecution, in brief, is that on 06.11.2020 at about 05:00 pm to 06:00 pm, when the victim was playing with her sister and friends, the appellant came and asked them to come and saw the fish and took them towards the canal. It is alleged that, then the appellant told the sister of victim and friends to go and saw the fish and thereafter, he took the victim towards Jhurmut (compact mass of bush) and started assaulting the victim sexually by physical contacting involving sexual overtures and by exhibiting private part of his body. The accused used criminal force to outrage her modesty. The victim tried to run but the appellant grabbed her leg, she kicked and saved herself. Thereafter, the victim narrated the whole story to her Badi Maa (PW-8). Thereafter, the incident was reported by the mother of victim (PW-2) through written report before the Police Station- Kharsia, District Raigarh, which was registered as crime No. 472/2020 under Sections 354 and 354(b) of IPC and Section 8 and 12 of POCSO Act (Ex.P/4). After investigation the charge-sheet was filed.

5. During the course of investigation, a Spot Map (Exhibit P/1) of the incident was prepared. The Birth Certificate of the victim was seized and a seizure memo (Exhibit P/6) was prepared, which was produced by the victim's mother. Further, the Birth Certificate Book (Exhibit P/8) dated 17.11.2020, containing the victim's date of birth as 09.12.2010, was also seized. The victim was sent to the Community Health Center (CHC) in Kharsia for medical examination, where the doctor examined the victim and provided a medical report (Exhibit P/11). A letter was sent to the Chairman of the Child Welfare Committee in Raigarh for counseling of the victim and the victim's statement was recorded under Section 164 of the Cr.P.C. by the Judicial Magistrate First Class, Kharsia District- Raigarh. The accused was arrested and an arrest memo (Exhibit P/13) was prepared. After completing the investigation, charge sheet was filed before the competent Court for offence under Sections 354, 354(B) of the Indian Penal Code and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012.

6. While framing the charges by the learned trial Court against the accused, Maniram Yadav, for offence under Sections 354, 354(B) of the Indian Penal Code and Sections 10 and 12 of the Protection of Children from Sexual Offences Act, 2012, the accused/appellant denied for committing the offence and after taking the statement of the accused under Section 313 of the Cr.P.C where he was stated that he is innocent and he has been falsely implicated, but no defence evidence was presented on his behalf.

7. So as to prove the complicity of the accused/appellant in the crime in question, the pr