The appellate court ruled that the victim’s credible testimony, corroborated by medical evidence, was sufficient to overturn the trial court's acquittal and convict the main respondent under the POCSO Act.

JUDGMENT :

RAMESH SINHA, CJ.

1. The appellant-State has filed this acquittal appeal under Section 378(1) of the CrPC against the impugned judgment of acquittal dated 9.1.2017 passed by the Additional Sessions Judge (Fast Track Court), Baikunthpur, District Korea in Special S.T. No.03/16, whereby the trial Court has acquitted respondent No.1 from charges punishable under Sections 202, 119, 376(2)(d)(f)(i)(k) of the Indian Penal Code (hereinafter called as “IPC”) and under Section 21 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter called as “POCSO Act”), respondent No.2 from charges under sections 376(2) (d)(f)(i)(k) and 377 of the IPC and Section 6 of the POCSO Act and respondent No.3 from charges under Sections 202, 119 and 323 of the IPC and Section 21 of the POCSO Act.

2. The case of the prosecution in brief is that the complainant (mother of the victim) (PW-1) made a written report (Ex.P-1) at Podi Police Station on 9.9.2015 stating that she lives in Tina Dafaai, Ward No.19, Haldibadi, Chirmiri and works as a maid. Her daughter, the victim, aged 9, studies in Class 4 at Jyoti Mission School, Sarbhoka and lives in the hostel. On 9.9.2015 at 9 A.M. security guard Abdul Wasim informed her via mobile phone that her daughter, the victim, was unwell. She then went to Mission School, Sarbhoka, with her neighbour, Sanjay and reported that she was bleeding when she went to the bathroom and experiencing stomach pain. On Monday night, an unknown person had allegedly assaulted her urinary tract. She reported this to Madam Kismariya, who beat her with a stick and threatened her not to tell anyone.

3. On the basis of complaint made by the complainant (mother of the victim), the Police of Police Station Chirmiri, District-Korea (CG) has lodged an F.I.R. in Crime No. 105/2015 for offence punishable under Section 376(2)(f) of the IPC and under Section 4 of the POCSO Act against unknown persons on 10.09.2015 vide Ex.P-2. Consent for medical examination was obtained from the victim and her mother vide Ex.P-3. One prescription was seized vide Ex.P-4. Certified copy of birth certificate of the victim in which her date of birth has been mentioned as 29.05.2007 was seized vide Ex.P-5. Birth certificate of the victim was seized vide Ex.P-6 ‘C’. Photocopy of Aadhar Card of the victim was seized vide Ex.P- 7’C’. Spot map was prepared by the patwari vide Ex.P-8. Spot panchnama was prepared vide Ex.P-9. Statements of the victim and her mother under Section 164 CrPC were recorded vide Ex.P-10. Test identification parade was conducted by the Tahsildar and Executive Magistrate, Manendragarh vide Ex.P-11 in which she identified accused / respondent No.2-Joseph Dhanna Swami by touching. MLC of the victim was conducted by Dr.Smt.Kalawati Patel (PW-7) vide Ex.P-15 on 10.09.2015 and found following injuries/symptoms:

1. The victim had swelling and injury on her left wrist measuring 1 x 1.4 inches and causing pain. This injury was on the upper part of the wrist.

2. There were no injury on face, nor on the chest or abdomen.

3. The victim had an injury on the right side of her vagina, the length of the injury was half an inch by one inch.

4. Below this injury was another injury which was ¼ in