The conviction under the POCSO Act was upheld due to overwhelming medical and DNA evidence, despite the victim's hostile testimony.

JUDGMENT :

Ramesh Sinha, C.J.

1. Though, today the present appeal has been listed for hearing on I.A. No.1 of 2022, which is an application for suspension of sentence and grant of bail, however with the consent of learned counsel for the parties and considering the period of detention of the appellant, the appeal is heard finally.

2. Accordingly, I.A. No. 01 of 2022 stands disposed of.

3. This criminal appeal arises out of the judgment of conviction and order of sentence dated 18.04.2022 passed by the Special Judge (POCSO), Balod, District Balod, (C.G.), in Special Session Case Pocso No. 85/2018, whereby the appellant has been convicted for offence under Section 3/4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter called as “POCSO”) and sentenced to undergo RI for 07 years and fine of Rs. 5,000/-, in default of payment of fine to further undergo RI for 06 months.

4. The case of the prosecution is that the complainant/victim lives in village Talgaon, Police Station and District Balod, Chhattisgarh. At the time of the incident, she was studying in class 12^th. The accused, Ramesh Katlam, is a resident of her village and lives in her neighborhood. A year ago, when she used to go to school, the accused used to meet her there and say that he loved her and would marry her. However, she always refused. Even then, the accused used to harass her repeatedly. On 27.01.2018, her younger brother was studying at his maternal grandparents' house in village Belaudi, her parents had gone to see him, leaving her alone at home. At around 10:00 pm, the accused came to her house, pushed her inside, locked the door, and said he would kill her and defame her. He pulled her into the room and forcibly had physical relations with her. He threatened her that if she told anyone about this, he would defame her, which scared her. After that, whenever her parents were not at home, the accused used to come to her house and have physical relations with her 4-5 times against her will by threatening her that he would defame her. On 15.08.2018, she started having severe stomach pain. Her parents admitted her to Upadhyay Nursing Home, Dhamtari, at around 3:00 pm. there she delivered a 7 months old dead baby. Dr. Rashmi Upadhyay (PW-04) of Upadhyay Nursing Home, Dhamtari, gave a written complaint to Dhamtari Police Station. Based on Dr. Rashmi Upadhyay's written information and the victim's statement, Assistant Inspector Gayatri Sinha (PW-7) registered a First Information Report against the accused under Sections 457, 342, 376, 376(2)¼<½, and 506 (Part II) of the IPC and Section 5¼B½@6 of the Protection of Children from Sexual Offences Act, 2012, in Crime No. 283/2018. After completion of investigation, the police at Balod, District Balod, found evidence of the crime against the accused and presented the charge-sheet in court for trial on 28.09.2018.

5. The trial Court has framed charges against the appellant as mentioned above. The appellant abjured his guilt and pleaded innocence.

6. In order to prove the guilt of the accused/appellant, the prosecution has produced as many as 08 witnesses, victim (PW-1), the victim’s father (PW-2), Head Master Tokanlal (PW-3), Dr. Rashmi Upadhyay (PW-4), Dr. D.S. Dev (PW-5), Dr. Jitendra Kumar (PW- 6), Inspector Mrs. Gayatri Sinha (PW-7), and Inspector Ramkinkar Yadav (PW-8). The statement of the appellant under Section 313 of Cr.P.C. was also recorded in which he denied the material appearing against him and stated th