The clear and consistent testimony of a victim, supported by medical evidence, holds significant weight in cases involving sexual offences against minors.

Dr. S. Muralidhar, J.

1. This appeal is directed against the judgment dated 5th March 2018 in SC No.109/2014 passed by the learned Additional Sessions Judge-I, North West, Rohini Courts whereby the Appellant has been convicted under Section 6 read with Section 5 (m) and (n) of the Protection of Children from Sexual Offences Act 2012 („POCSO Act?). Since the Appellant has been convicted under the aforementioned provisions of the law, no separate conviction was recorded under Sections 376 (2) (i) and (f) IPC with which he was also charged. The appeal is also directed against the order on sentence dated 7th March 2018 whereby he has been sentenced to imprisonment for life along with fine of Rs.10,000/- and in default of payment of fine, to undergo simple imprisonment for three months.

2. This is an extremely unfortunate case where the Appellant has been charged with having committed the aforementioned offences against his own minor daughters, K1 and K2, aged 6 and 5 years respectively at the time of the alleged offences being committed. The Appellant has been acquitted insofar as the charge pertaining to the elder daughter, i.e. K1, is concerned. The aforementioned conviction has been recorded by the trial Court with respect to the charge pertaining to the offences committed by the Appellant against his younger daughter, K2.

3. In her statement to the police, the mother of the victims (PW-13) and the wife of the Appellant, has stated that her husband was committing the aforementioned crimes against the two children and despite her protestations continued to do so. She took the two children to a private doctor and the public that had gathered there after learning of the conduct of the Appellant, beat him up. At that point, someone called the Police Control Room („PCR?) and the police came and arrested the Appellant.

4. Both the children were medically examined on 23rd April 2014 at the Sanjay Gandhi Memorial Hospital, Mangolpuri. PW-13 consented to their internal examination as well. In both MLCs (Ex.PW-9/A and Ex.PW-9/B), it is stated that there were no visible external injuries. It has been noted, however, that in both instances the hymen of the victim was torn.

5. The MLCs were prepared by Dr. M. Dass (PW-9) who referred both victims for gynaecological examination. Dr. Jyoti Sahu (PW-10) confirmed that on gynaecological examination, she found the hymen of K-2 torn with no congestion and no edema. In her cross-examination by the counsel for the accused, she stated that “it is correct that there are several reasons for the tearing of hymen such as cycling, stretching and skipping”.

6. For the purposes of the present appeal, this Court will constrain itself to examining the statement of the victim K2 recorded under Section 164 Cr PC before the learned Metropolitan Magistrate (“MM”). The statement has been recorded in a question and answer form by the learned MM and reads as under:

“Q.l What is your name?

A. K

Q.2 What is your Father's name and address?

A. Ram Das R/o G-398 Mangol Puri Delhi.

Q.3 What is your age?

A. 5 years.

Q.4 Which language do you read or write.

A. Hindi

Q.5 Why do you have come today

A. For giving my statement.”

7. The learned MM, after asking certain questions to the victim, recorded her satisfaction that the victim was making her statement voluntarily and was in a fit state of mind to depose. She then went on to record the statement of the victim under Section 164 Cr PC on 25th April 2014.

8. It appears that soon after the arrest of the Appellant, PW-13 moved to Calcutta to live with her parents. She came from there to depose in the trial. The statements of PW-13 as well as of the two victim children were recorded on the same day, i.e. 28th February 2015.

9. As far as K1 was concerned, she turned hostile and failed to support the case of the prosecution. Although she did confirm that she had been sexually assaulted, she claimed ignorance as to who had committed such assault upon her. It was put to her in various ways