Reliability of evidence in sexual assault cases and the consideration of false implication as a defense.

Sangita Dhingra Sehgal, J.

The present leave petition has been filed under Section 378(3) of the Criminal Procedure Code, 1973 (hereinafter referred to as 'Cr.P.C') challenging the judgment dated 24.03.2018 passed by the learned Additional Sessions Judge, Special Courts (POCSO), North West, Rohini Courts, New Delhi, acquitting the respondent-accused in FIR No. 458/2014 registered with Police Station, South Rohini under Sections 376(2)(i)(l) & (n) of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and Section 6 of POCSO Act.

2. Brief facts of the case, as noticed by the learned Trial Court, are as under:-

"On 10.06.2014, victim N was sleeping in the jhuggi at about 2:00 pm. The complainant came out of the jhuggi to go for bathroom and her younger sister M was playing outside the jhuggi. She went in the jhuggi to sleep and immediately came out and told the complainant that Sanjay Chacha (accused) is doing something with victim. She entered the jhuggi and saw victim lying on the bed and her pajama was removed. The accused had opened the zip of his pant and he was holding the legs of the victim and was inserting his sus wali jagah in the susu wali jagah of the victim. He immediately locked the zip and the victim also put on her pajama. When she asked as to what accused was doing, he said that he was repairing the fan. The complainant immediately went to the jhuggi of accused and shouted at his mother and sister as to what the accused is doing with the victim. They immediately came to her jhuggi and started scolding the accused. The accused earlier also had done wrong act with the victim on two occasions but the mother of the victim had pardoned him as the wife of the accused has already expired. This was third time that accused has done this act with the victim and hence his complaint was lodged."

3. On 12.06.2014, the statement of the victim under Section 164 Cr.P.C was recorded with the help of one teacher from the deaf school, Sector -4, Rohini, Delhi wherein she stated that he removed her salwar when she was sleeping and forcibly made physical relationship.

4. During the course of investigation, the accused was arrested and he was medically examined and pending report, the charge sheet was filed and charges for the offence punishable under Section 6 of POCSO Act and in the alternative offence punishable under Section 376(2)(l) and(n) of the IPC were framed against the accused to which he pleaded not guilty and claimed trial. In order to bring home the guilt of the accused, the prosecution has examined 17 witnesses in all.

5. Statement of the accused was recorded under Section 313 of Cr.P.C wherein he denied all the incriminating evidence against him. Accused claimed that he is innocent and he has been falsely implicated in this case. He further deposed that a complaint has been lodged by mother of the accused against the mother of the victim and therafter the present story was cooked up to falsely implicate the accused.

6. Learned counsel for the State has contended that the impugned judgment dated 24.03.2018 passed by the learned Session Judge is based on conjucture and surmises and the same is liable to set aside; that the trial court has failed to appreciate that the testimony of PW-4 (prosecutrix) in correct prespective and has ignored the settled provision of law, that in a rape case conviction of the accused can be solely based on the testimony of the prosecutrix; that the trial court failed to appreciate that the testimonies of eye witnesses, PW-8 (Megha/younger sister of the victim) and PW-9 (Complainant/sister of the victim) have fully supported the case of prosecution and have also proved that the victim was deaf and dumb both; that the trial Court ignored the Scientific and Medical evidence on record which proves the guilt of the accused person beyond reasonable doubt.

7. None appeared on behalf of the Respondent.

8. Heard learned counsel for the State and perused the material available on record.

9.