The rape of a minor under POCSO Act predicates conviction regardless of corroboration, subject to established age and evidentiary standards.

JUDGMENT :

DEEPAK KUMAR TIWARI, J.

1. This Criminal Appeal preferred by the appellant under Section 374(2) of the Code of Criminal Procedure is directed against the judgment of conviction and order of sentence dated 17.02.2023, passed by the Additional Sessions Judge 4^th Fast Track Court, POCSO, District Durg (C.G.) in Special Criminal Case (POCSO) No.112/2019, by which the appellant herein has been convicted under Section 376 (2) (n) of the Indian Penal Code and sentenced to undergo RI for 10 years and to pay a fine of Rs.10,000/- in default of payment of fine, to further undergo additional RI for 1 year.

2. Case of the prosecution, in brief, is that the victim ‘LC’ (PW-1) filed a typed written complaint (Ex-P/1) at Police Chowki Padmanabhpur, Durg stating that she is the resident of Village A and was residing as a paying guest at the house of one RB (not examined) in A Nagar for the purpose of preparing for the PAT Exam. During such period, she became acquainted with the appellant, who made a proposal of marriage to her. However, being a minor, she refused the proposal as she was wiling to continue with her studies. The appellant used to meet her several times and tried to allure her by saying lovey-dovey words. She specifically alleged that on 02.09.2018, the appellant entered her room and asked for water. When she went to bring it and returned, the appellant closed the door and forcibly committed rape with her. When she tried to shout, he slapped her on the cheek and threatened to kill her if she made any noise. He also told her that he had made a video in a naked condition and threatened to make it viral. By extending such threats, the appellant further committed rape with her two more times as a result of this relation, she became pregnant and informed the incident to her parents i.e. her father (PW-2) and mother (not examined). They called the appellant, though he initially agreed to marry her, but later on he fled away.

3. The victim delivered a girl child on 21.05.2019 as a premature child, so the baby and the mother/victim were both hospitalized for proper treatment. Based on such information, zero FIR has been registered vide Ex-P/2 on 24.06.2019 by mentioning that the incident happened during the period of 02.09.2018, evening at 5 pm, up till the month of November, 2018.

4. Crime details form and spot sketch map were prepared vide Ex-P/3 by Investigating Officer Shail Sharma (PW-10). She also seized the Birth Certificate vide Article A1(C) issued under the Births and Deaths Act and the Matriculation Certificate vide Article A2(C), wherein the date of birth of the victim was recorded as 24.04.2001 vide seizure memo Ex- P/4. Statement of the victim was recorded under Section 164 of the Cr.P.C. Spot map was prepared by Patwari- Rajesh Banjari (Pw-6) vide Ex-P/6. Underwear of the accused was seized vide Ex-P/8. The appellant was also medically examined by Dr. B.N. Dewangan (PW-3) vide Ex-P/10 and he was found capable of performing sexual intercourse and his underwear was also examined by the said doctor vide Ex-P/11. The victim was medically examined by Dr. Manju Rathore (PW-4) vide Ex- P/12, who opined that the hymen was old and torn and a vaginal slide was prepared. Statements of the witnesses were recorded. In the vaginal slide and in the underwear of the appellant, no stain of the semen or human sperm was found in the FSL vide Ex-P/25. After completion of the investigation, the charge sheet was filed before the jurisdictional Magistrate, who in turn committed the case to the Sessions Court for trial.

5. During the course of trial, the