In sexual offense cases, the victim's testimony must be corroborated by reliable evidence; uncorroborated statements may lead to the acquittal of the accused.

JUDGMENT :

NARESH KUMAR CHANDRAVANSHI, J.

1. This criminal appeal has been preferred under Section 374(2) of the CrPC against judgment of conviction and order of sentence dated 18.8.2021 passed by Upper Sessions Judge, IV FTC,/Special Court-POCSO Act, 2012, Durg (CG) in Special Session Case (POCSO) No.104/2018, whereby the learned Special Judge, after holding the appellant guilty, convicted and sentenced him in the following manner:-

2. The prosecution story in brief is that on 17.9.2018, at about 7.45 am, complainant/mother of the victim informed in Police Station, Kotwali, Durg, that her minor daughter, aged about 16 years, had gone out of their house at about 1:00 o’clock in the night without informing anyone. Based on which, missing report was lodged and FIR (Ex-P/12) under Section 363 IPC was also registered against unknown person. On the same day, the complainant informed the police vide Ex-P/11 that after lodging the report, upon information given by the victim herself, they recovered the victim from the premises of Collectorate Garden, Durg. Thereafter the victim informed them that the appellant/accused after alluring, took her and also made physical relation with her without her consent. Recovery memo (Ex-P/1) was prepared by the police, spot map was prepared by the concerned Patwari vide Ex-P/4, statement of the victim under Section 164 CrPC was got prepared from concerned JMFC. Statement of the witnesses were recorded under Section 161 CrPC. The Victim was medically examined by Dr. Rimple Bhatia (PW-9), vide MLC report (Ex-P/19), she did not find any external or internal injuries on the person of the victim and opined that hymen was old ruptured, based on which, she opined that no definite opinion could be given regarding commission of sexual intercourse with the victim. She preserved two vaginal slides and handed over the same to the concerned constable for chemical examination. Underwear of the victim was also seized from her vide seizure memo Ex-P/7. Birth certificate of the victim, her progress reports of Class-I and Class-VIII, in which her date of birth was mentioned as 21.7.2002 were seized vide Ex-P/8. Dakhil Kharij Register of the victim was also seized from Shivam Public School vide seizure memo Ex-P/22. Vaginal slides of the victim were seized vide seizure memo Ex-P/27 from concerned Constable, underwear of the appellant was seized vide Ex-P/29. The appellant was also medically examined. The appellant was arrested on 19.9.2018 vide arrest memo Ex-P/33.

3. After completion of investigation, charge sheet under Section 173 CrPC was filed before Fifth Upper Sessions Judge/FTC, Durg for the offences under Sections 363, 366 and 376 IPC and Sections 3 & 4 of the POCSO Act. The learned Special Court framed charges for the offence under Sections 363, 366 & 376 IPC and Section 3/4 of the POCSO Act and explained to the appellant, who denied the charges and pleaded innocence seeking trial.

4. In order to bring home the guilt of the appellant, the prosecution has examined as many as 12 witnesses and exhibited 36 documents. Statement of the appellant under Section 313 CrPC was recorded, in which he denied the incriminating circumstances appearing against him and pleaded innocence. No witnesses have been examined by the appellant.

5. The learned Special Court, after appreciation of oral and documentary evidence available on record, vide its judgment dated 18.8.2021, finding the evid