Corroboration of the victim's testimony by medical evidence is crucial in cases of sexual offenses under the POCSO Act.

MUKTA GUPTA, J.

1. By the present appeal, the appellant challenges the impugned judgment dated 22nd April, 2015 convicting him for the offence punishable under Section 4 of Protection of Children against Sexual Offences Act, 2012 (in short 'POCSO Act') in FIR No. 148/2013 registered at PS Ashok Vihar and the order on sentence dated 8th May, 2015 directing him to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 5,000/- and in default to undergo simple imprisonment for a period of six months.

2. Learned counsel for the appellant contends that brother of the victim who stayed with him has not been examined as a witness. As per the FIR only one incident has been alleged, however, the victim child (PW-5) in his statement under Section 164 Cr.P.C. mentions about a number of incidents. Thus, there is glaring contradiction in the prosecution version. Child victim admits about his addiction in his cross examination which is in fact the defence of the appellant and has not been considered by learned Trial Court.

3. Learned APP for the State on the other hand contends that the MLC of the child victim corroborates the prosecution case. The injuries were 2 to 7 days old and were partially healed. Child victim deposed about one incident only in the Court and the said version is thus required to be accepted.

4. Briefly stated, prosecution case is that on the intervening night of 17th and 18th May, 2013 around 12:00 midnight, one person (elder brother of victim child) came to the police station along with the victim child (PW-5). The victim child got his statement [Ex. PW-5/A] recorded wherein he stated that he resides at the Jhuggi situated in Ashok Vihar, Delhi on rent with his father and elder brother. On 16th May, 2013 around 11:00 P.M., when he was alone at home, the appellant whom he calls Sunil Chacha came to his house. Appellant asked him to come to the terrace to clean his room and throw away the garbage. When he entered the room, appellant held him from his back, gagged his mouth and took him towards the staircase in the dark. The appellant forcibly removed his clothes and forcibly inserted his penis into the victim’s anus. When he shouted out of pain, the appellant gagged his mouth. Thereafter, the appellant forcibly inserted his penis into his mouth and asked him to lick the same. When he refused to do so, the appellant gave him beatings and continued the act (‘gandi harkat’) for almost 1½ hours. When the appellant released him, he came to his room and slept. When his elder brother (PW-7) came, he narrated the incident to him who then brought him to the police station. On the basis of the aforesaid statement, FIR No. 148/2013 [Ex. PW-5/B] was registered under Sections 377 IPC and Section 4 of POCSO Act at PS Ashok Vihar. Thereafter, SI Surender Singh (PW-10) took the victim child to BJRM Hospital for medical examination. SI Surender Singh prepared the site plan [Ex. PW-5/C] at the instance of victim child. The appellant, who was present in house, was arrested by SI Surender Singh vide arrest memo Ex. PW-5/D and his personal search was conducted vide memo Ex. PW-9/A. Thereafter, the appellant along with Ct. Amit was sent to BJRM Hospital for his medical examination. On 20th May, 2013, the statement of the victim child was recorded under Section 164 Cr.P.C. vide Ex. PW-5/B. On 11th June, 2013, the exhibits were sent to FSL, Rohini. After completion of investigation, charge sheet was filed.

5. After ascertaining that the victim was capable of understanding the questions put to him and giving rational answers thereof the victim child was examined who deposed as under:

“Q. Kya hua tha, kab ki baat hai?

Ans. 16 May 2013, raat ko 11 baje, ye mujhe khinch kar apne ghar le gaya, aur bola chal jharoo laga.

Q. Kaya us samay ghar me koi nai tha?

Ans. Mera mummy-papa gaon me dadi ki dawa karane gaye the, aur mera bhai pankha banwane gaya hua tha.

Q. Phir kya hua?

Ans. Main machar (accused), usko Sunil bhi bulat