The conviction of a child in conflict with law under POCSO Act was upheld based on consistent witness testimonies and medical evidence; the presumptive guilt clause under POCSO aids prosecution. Sentencing limited per JJ Act provisions.

JUDGMENT :

BIBHU DATTA GURU, J.

1. This appeal is directed against the judgment of conviction and order of sentence dated 16.10.2023 passed by the Juvenile Justice Board/learned Additional Sessions Judge, Fast Track Special Court (POCSO Act), Ambikapur District Surguja, C.G. in Special Criminal Case No.60/2018 whereby the appellant/ child in conflict with law (henceforth ‘the CCL’) has been convicted and sentenced as under:-

2. Case of the prosecution, in brief, is that on 17.06.2018, the mother of the prosecutrix (PW-03) lodged a report in the Ambikapur police station to the effect that she has three children, two sons and a daughter, and the prosecutrix is the eldest daughter. On 17.06.2018 at 07.00 am, she left her children and went to work as a labourer and her husband also went to work and only her children were at home. At around 12.00 noon, her son came and told her that his sister/the prosecutrix was crying and blood was oozing out from her urinary tract, then she came to her house with her son and saw that her daughter/prosecutrix was crying and blood was oozing from her urinary tract. On asking, she told that she had gone to neighbour's house to play with the boy and during playing the boy was struggling to put his finger in her urinary tract due to which blood was oozing from her urinary tract and she was experiencing a lot of pain. Thereafter, the complainant informed about the said fact to her husband and neighbours. On the basis of the above complaint lodged by the mother of the prosecutrix, FIR (Ex.P.-06) was registered in Police Station Ambikapur under Section 376 IPC and Section 4 of POCSO Act and the case was taken up for investigation.

3. During the investigation, Spot Map (Ex.P/1) was got prepared. Accused was apprehended and statements of the witnesses were recorded by the police as well as the statement of the victim before the Judicial Magistrate under Section 164 CrPC.

4. After completing investigation, charge sheet was presented against the before the Juvenile Justice Board Ambikapur (henceforth ‘the JJ Board’) for offence under section 376 (A) (B) IPC and Section 04 of the Protection of Children from Sexual Offences Act. The JJ Board Ambikapur, under Section 15 of the Juvenile Justice (Care and Protection of Children) Act 2015 (henceforth ‘the JJ Act’), determined that this case is fit for trial in the JJ Board, Ambikapur and sent it to the JJ Board for trial vide order dated 07-09-2018. After which, the JJ Board decided to hear this case against the CCL. The case was considered on the basis of the need for trial as an adult under Section 19 of the said Act. Also, the CCL has been tried as an adult.

5. The trial Court has prepared a charge sheet under Section 376 (A) (B) of the Indian Penal Code and Section 5¼³½/6 of the POCSO Act, 2012 against the CCL and upon completion thereof, charge-sheet was submitted accordingly. After framing the charges against the accused/appellant, the charges were read out and explained to the appellant, he denied committing the crime and demanded trial.

6. In order to bring home the offence, the prosecution has examined 08 witnesses in its support. Statement of the accused/appellant under Section 313 Cr.P.C was recorded, wherein he has pleaded his innocence and false implication in the matter.

7. The trial Cour