S. MURALIDHAR, J.

1. This is an appeal directed against the judgment dated 26th September 2017 passed by the learned Additional Sessions Judge-1/Special Judge (POCSO), Shahdara District, Karkardooma Courts, Delhi in Sessions Case No.10/16 arising out of FIR No.541/2014 registered at PS Anand Vihar convicting the Appellant for the offence punishable under Section 376 (2) (f) (i) IPC and Section 6 POCSO Act.

2. The Appellant was charged with raping his step-daughter aged 11 years (PW-1) at about 10:30 am on 29th August 2014 and at about 1 pm 7-8 days prior at two separate locations in village Karkardooma, Delhi and thereby committing an offence punishable under Section 376 (2) (f) (i) and (n) of IPC. He was also charged with having committed aggravated penetrative sexual assault on a minor victim aged 11 years, thereby committing an offence punishable under Section 6 POCSO Act.

Background facts and investigation

3. The case of the prosecution was essentially based on the version of events narrated by PW-1. PW-1 disclosed that her mother works as domestic help and would go for work at 8 am and return at 2 pm. On 29th August 2014, PW-1 was playing with her friends, X and Y, between 9:30-10:00 am when her step-father, the Appellant herein, came there. He beat her and asked her to send her friends away. While X went away, according to PW-1, her other friend, Y, remained and was secretly watching her. She then stated as under:

“My father took his “Susu” in my “Susu”. Before this my father had bolted the door of the room. He removed his clothes and also removed my clothes. I tried to raise my voice but he put his hand on my mouth. Thereafter, my father left the place. My mother came back at 02:00 pm. Before leaving my father had threatened me that if I tell the incident to anyone, he would kill me. My friend Y who had secretly seen us, told my mother about the incident.”

4. After her mother returned, PW-1 disclosed to her mother what had happened and then her mother (PW-6) took her to the PS where the statement of PW-1 was recorded and she was also sent for medical examination.

5. The MLC of PW-1 shows that she was brought to Dr. Hedgewar Arogya Sansthan, Karkardooma at around 10:45 pm on 29th August 2014. It is noted in the MLC that PW-1 was brought there by SI Shweta Sharma (PW-8) with “history of improper touching over private parts (vagina) by step-father on 29.08.2014 at 10:30 A.M.” It is further noted, “according to patient, when she was alone in the house, her father sexually molested her, touching her breasts and vagina/vulva with his same hands. She also gives history of same sexual molestation episode 2 days back. He had threatened her that he would beat her if she revealed it to anyone. She told her friends & mother who brought her here.”

6. The investigation was handled first by Sub-Inspector (SI) Shweta Sharma (PW-8). On 30th August 2014, PW-8 recorded the statement of the victim’s mother (PW-6). The victim was counselled at PS Anand Vihar by a social worker. Thereafter, on the basis of the statement of the mother (PW-6) and the medical examination of the victim (PW-1), the rukka was prepared and handed over for registration of FIR. Accompanied by PW-6 and PW-1, PW-8 went to the spot and prepared a site plan and recorded the supplementary statements of the mother (PW-6) and the victim (PW-1).

7. In the evening of 30th August 2014, PW-8 accompanied by Constable Omkar went to the house of the victim. Both PWs- 1 and 6 joined them in the investigation and started searching for the accused. They reached the Community Centre, Shiv Tikki Wala where they found the Appellant standing. He was pointed out by both PWs- 1 and 6 and he was apprehended and interrogated. He is supposed to have given a disclosure statement. The Appellant was also taken to the Dr. Hedgewar Arogya Sansthan, Karkardooma in the custody of Constable Sunil Mann (PW-3). The Appellant underwent medical examination. Three sealed pulandas were handed over by the