The reliability of a child witness's testimony and the rule of prudence in accepting such evidence if found to be truthful.

JUDGMENT :

Anu Malhotra, J.

1. The appellant vide the present appeal assails the impugned judgment dated 25.11.2019 of the learned ASJ-06, Special Court, POCSO, Rohini in relation to FIR No. 269/14, PS Bawana whereby the appellant was convicted qua offences punishable under Section 325 of the IPC and under Section 6 r/w. Section 5(m) of the POCSO Act, 2012 and was sentenced vide the impugned order on sentence dated 30.11.2019 to undergo RI for a period of 10 years, to pay a fine of Rs. 10,000/- and in default of the payment of the said fine, to further undergo SI for 6 months qua the offence punishable under Section 6 r/w. Section 5(m) of the POCSO Act, 2012 and to undergo RI for a period of 3 years, to pay a fine of Rs. 5,000/- and in default of the payment of the said fine, to further undergo SI for a period of 3 months qua the offence punishable under Section 325 of the IPC with the sentences having been directed to run consecutively with the benefit of Section 428 of the Cr.P.C., 1973 having been given to the appellant.

2. Notice of the appeal was issued to the State. The Trial Court Record was requisitioned and has been received and perused.

3. The appellant was also produced through Video Conferencing by the Superintendent Jail, Delhi at the time of the hearing of the appeal.

4. Written submissions were also submitted on behalf of the appellant by the learned counsel for the appellant deputed by the Delhi High Court Legal Services Committee.

5. Vide order dated 01.10.2020, C.R.L.M.(BAIL) 7719/2020 filed on behalf of the appellant seeking interim bail was declined. The victim in the instant case named 'S' aged 8 years as per the prosecution version was sodomized by the appellant along with his accomplice CCL named B on 21.03.2014 when the appellant and his associate took the victim to a field near the house of the victim on the pretext of playing with marbles and the child victim came back to his house and told the incident to his brother who in turn called the parents. The anus of the victim was swollen and bleeding. The child victim was taken to MV Hospital, Poothkhurd where he was medically examined and his exhibits preserved and the concerned doctor referred the victim for his surgery and the victim was shifted to the BSA Hospital and in view of the sensitive condition of the victim, the doctor at the BSA Hospital referred the victim to the LNJP Hospital and as the victim was not fit for giving statement, the FIR was got regisiered on the statement given by the mother of the victim. The child victim was also examined under Section 164 of the Cr.P.C., 1973 and the two culprits were arrested and were medically examined. The injuries sustained by the victim child were opined by the doctor concerned to be grievous.

6. The CCL was committed to the JJB on completion of the inquiry whereas the appellant herein was charge sheeted qua the offence punishable under Sections 377/325/34 of the IPC and Section 6 of the POCSO Act, 2012 and charges under Section 325 of the IPC and Section 6 of the POCSO Act, 2012 were framed against the present appellant on 20.08.2014 to which he pleaded not guilty and claimed trial.

7. 19 witnesses were examined by the prosecution. The avowed contention raised on behalf of the appellant is that the identity of the appellant as being the perpetrator of the crime has not even been remotely established and that the age of the minor child victim has also not been established by the prosecution and thus the culpability under Section 5(m) of the POCSO Act, 2012 cannot be invoked and made applicable against the appellant.

8. Inter alia it has been submitted on behalf of the appellant that the site plan in the instant case was not prepared of the place where the alleged crime was committed; that the police did not examine the younger brother of the victim to whom the victim had allegedly narrated the incident; that there was no scientific evidence to connect the appellant with the incident; that there was no semen d