The court affirmed that the testimony of a minor victim can serve as sufficient evidence for conviction under the POCSO Act if deemed reliable, reinforcing the prosecution's burden to prove beyond reasonable doubt.

Judgment On Board :

DEEPAK KUMAR TIWARI, J.

1. This Criminal Appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 is directed against the impugned judgment of conviction and order of sentence dated 24.03.2023 whereby, learned Additional Sessions Judge FTSC {POCSO}, Manendragarh, Distt. Koriya, Chhattisgarh in Special Criminal Case No.84/2021 has convicted and sentenced the appellant as under:

2. Case of prosecution, in brief, is that on 10.09.2021, family of the victim (PW-2) was invited for the meals in the house of the appellant on the occasion of Teej festival. Victim (PW-2), a minor girl aged about 10 years and a student of 6^th standard, on the date of incident at about 8:00 pm, had gone to the house of the appellant along with her father’s sister (Bua) namely ‘V’ (PW-4), ‘N’ (PW-5) and with grandmother namely ‘MD’ (not examined). After taking the meals, while the lady members were having a chat in front of house of the appellant, the minor victim alone went ahead of the house of the appellant and when she reached near a Banyan tree, the appellant called her and told her that her Bua was calling her and thereafter the appellant took the minor victim near the Banyan tree and removed her t-shirt and pressed her left breast with an intention to outrage her modesty. When the victim made a hue and cry by shouting bua-bua, no one heard the noise and somehow the victim managed to rescue herself by biting the right hand of the appellant and came back to her Bua and narrated the incident to her and other members. After coming back home, the victim disclosed the incident to her mother (PW-1) also and on the same day of incident at about 11:55 pm, a named FIR was lodged against the appellant vide Ex.P/1 by the victim with the police station Jhagrakhand, Distt. Koria.

3. Crime details form and sketch map was prepared vide Ex.P/2. School marksheet/progress report of 2^nd standard (Article- A/1) was obtained from the victim vide Ex.P/3, wherein, her date of birth has been recorded as 20.09.2011. Birth Certificate (Article- A/2) was also seized from the victim vide Ex.P/4 wherein, the same date of birth has been recorded as in Article A/1. Victim was subjected to medical examination and no external injury was found on the body of the victim by Dr. Shweta Kesari (PW-3) in her report vide Ex.P/5.

4. Statement of the witnesses were recorded. Appellant was apprehended on the next day i.e. 11.09.2021 of the date of incident vide Ex.P/7 and after completion of investigation, charge sheet was filed.

5. During the trial, appellant abjured his guilt and claimed to be tried.

6. In order to prove its case, prosecution has examined as many as 7 witnesses and exhibited 7 documents vide Ex.P/1 to Ex.P/7 and Article A/1 i.e. progress report and Article A/2 i.e. birth certificate of the victim issued by the Registrar, Municipality Manendragarh issued under Section 12/17 of the Registration of Births and Deaths Act, 1969.

7. In the statement recorded under Section 313 Cr.P.C.,