The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, emphasizing the stringent punishment under the POCSO Act.

Judgment :

(Ramesh Sinha, CJ.)

1. This criminal appeal arises out of the judgment of conviction and order of sentence dated 14.05.2024 passed by the Additional Sessions Judge, F.T.S.C. (POCSO), Raipur in Special Criminal Case (POCSO) No.163/2022, whereby the appellant has been convicted for offence under Sections 363, 366 , 376(3) of the Indian Penal Code (hereinafter called as “ IPC ”) and Sections 4 (2) & 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter called as ‘POSCO’) and sentenced to undergo RI for 7 years and fine of Rs.500/-, in default of payment of fine to further undergo imprisonment for 2 months under Section 363 of the IPC , RI for 7 years and fine of Rs.500/-, in default of payment of fine to further undergo imprisonment for 2 months under Section 366 of the IPC , RI for 20 years and fine of Rs.2000/-, in default of payment of fine to further undergo imprisonment for 6 months under Section 376(3) of the IPC and Section 4(2) of the POCSO Act and RI for 20 years and fine of Rs.2000/-, in default of payment of fine to further undergo imprisonment for 6 months under Section 6 of the POCSO Act.

2. Notice issued to mother of the prosecutrix (PW-2) has been served to her but none has appeared on her behalf to contest the present appeal.

3. The prosecution story, in brief, is that on 14.03.2021, a report was lodged by the mother of the victim (PW-2) at Police Station Khamtarai, District Raipur to the effect that her daughter / victim aged 14 years 07 months 11 days, left the house without informing anyone on 19.02.2021 at 4 P.M. and she was not found even after searching among the relatives. On the report of the mother of the prosecutrix, FIR in Crime No.167/2021 was registered against an unknown person at Police Station Khamtarai for offence under Section 363 of the IPC and wheels of investigation started.

4. During the investigation proceedings, spot map was prepared. The second class progress report of the victim was seized and attached to the case. On sending the report to the Principal of the School presented the school’s dakhil kharij register, which was seized in front of the witnesses. The victim was recovered in presence of the witnesses and a recovery panchnama was prepared. The victim’s statement was recorded under Section 161 of the CrPC. The victim’s statement was recorded before the Child Welfare Committee and she was handed over to her mother. On finding that the appellant had abducted the victim from her lawful guardianship for illicit sex and had repeatedly raped her and committed penetrative and penetrative sexual assault, the appellant was arrested and his family was informed about the arrest. Medical examination of the appellant and the prosecutrix was conducted. Notice was served to the appellant and the prosecutrix for DNA test, on which both of them refused to undergo DNA test. The victim’s panty, vaginal slide and the appellant’s underwear were seized and sent to the FSL for chemical examination and as per FSL report (Ex.P-26), human sperms were found on underwear seized from the appellant.

5. After completion of investigation, the charge-sheet was filed before the Additional Sessions Judge F.T.S.C., POCSO, Raipur for trial in accordance with law.

6. The trial Court has framed charges against the appellant under Sections 363 , 366 & 376(2)(n) of the IPC and Sections 6 & 4(2) of the POCSO Act. The appellant abjured his guilt and pleaded innocence.

7. In order to establish the charge against the appellant, the prosecution examined as many as 8 witnesses and exhibited the documents (Exs.P-1 to P-30) . The statement of the appellant under Section 313 of CrPC was also recorded in which he denied the material appearing against him and stated that he is innocent and he has been falsely implicated in the case. After appreciation of evidence available on record, the learned trial Court has convicted the accused/appellant and sentenced him as mentioned in para 1 of the judgment. Hence, t