The main legal point established in the judgment is the reliance on consistent witness statements and DNA evidence to uphold a conviction under the POCSO Act.

JUDGMENT

Mukta Gupta, J. - By the present appeal, Naresh challenges the impugned judgment dated 9th November 2017 convicting him for the offence punishable under Sections 8 of POCSO Act in FIR No. 150/2013 registered at PS Hauz Qazi and the order on sentence dated 15th November 2017 directing him to undergo rigorous imprisonment for a period of forty months and to pay a fine of Rs.10,000/- and in default whereof to undergo simple imprisonment for a period of six months.

2. Learned counsel for the appellant contends that there are contradictions in the statements of victim recorded under Section 161 Cr.P.C., Section 164 Cr.P.C and the deposition before the court. There is nothing in MLC to suggest insertion of penis. It is the case of the appellant that he has been falsely implicated in the case due to dispute in the family. Even as per the testimony of the grandfather of the victim there were no seizures made from the house of the appellant belying the prosecution case.

3. Learned APP for the State on the other hand contends that the statements of the victim''s family bring out the case under Section 7 of POCSO Act as touching the private parts of the child victim would amount to an offence defined under Section 7 of POCSO Act and punishable under Section 8 POCSO Act.

4. Process of law was set into motion on 26th September 2017 at about 02:35 P.M. when a telephonic information was received that "Chote Bache ke sath galat kaam hua hai". Aforesaid information was recorded vide DD No. 15 PP (Ex.PW13/A) and assigned to WSI Suman. She reached at the spot where ASI Tooki Singh and Ct. Shiv Lal were already present. The victim, his mother and grandparents were also present there. She recorded the statement of the mother of the victim wherein she stated that on 26th September 2013 at around 1:15 P.M. when her son (the victim herein) returned home from school she sent him to first floor to change clothes. He started playing with his brother and did not come back. After waiting for him, when he did not come back she went upstairs and asked her other son as to where the victim was on which he stated that Naresh (appellant herein) had called the victim to fly kite and accordingly he went there. After twenty minutes the victim came back home in terrified condition. When she asked him as to what happened he stated that "Naresh Bhai mujhe apni chaat par patang dor ke bahane se bulaya va kamre mein lejakar mujhe letaya , fir meri nikkar utari, meri potty vali jagha par apna susu lagaya fir mujhe dard hone laga , khoon nikalne laga, mere pairo mein khoon lag gaya. Naresh ne mere pairo pe paani dalkar dhulvaya.". When she removed his shorts, she found some blood stains on it. She informed the said incident to her fatherin-law who after talking to the victim made a call to 100 number. Aforesaid statement was recorded vide Ex. PW-1/A and the victim was taken to LNJP hospital for medical examination along with his mother and grandparents. After the medical examination, the doctor handed over four sealed parcels containing inner and outer clothes of the victim which were seized vide seizure memo Ex. PW-5/A.

5. On the basis of the aforesaid statement, FIR No. 150/2013 (Ex.PW4/A) was lodged at PS Hauz Qazi for the offences punishable under Section 377 IPC and Section 4 of POCSO Act.

6. The Investigating Officer along with Ct. Ramesh, victim, his mother and his grandparents reached at the place of the incident where she prepared the site plan at the instance of the mother of the victim vide Ex. PW-13/C. Thereafter, the appellant was arrested on identification by the mother of the victim vide arrest memo Ex.PW-1/B, his personal search was conducted vide memo Ex.PW-5/B and his disclosure statement was recorded vide Ex.PW-13/D. The appellant led them to the place of incident where a pointing out memo was prepared at his instance vide memo Ex.PW-13/E. The custody of the accused was given to Ct. Shiv Lal. She recorded the statement of victim and his brother