The need for consistency and corroboration in the victim's testimony, and the requirement to prove the case beyond reasonable doubt.

JUDGMENT

Mukta Gupta, J.

1. By this appeal, the appellant challenges the judgment of Trial Court dated 15th July, 2019 and also the order on sentence dated 21st August, 2019, whereby the appellant was convicted for offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 ("POCSO") and directed to undergo rigorous imprisonment for life along with fine of Rs.50,000/- in default whereof simple imprisonment for one year, as also rigorous imprisonment for one year alongwith fine of Rs.1,000/- in default whereof simple imprisonment for one month for offence punishable under Section 342 of the Indian Penal Code, 1860 ("IPC").

2. Briefly the case of the prosecution was that the appellant was the neighbor of the prosecutrix. On the pretext of getting prosecutrix a job and getting her married to his friend, appellant took Rs.13,000/- from the prosecutrix. After sometime, when the prosecutrix went to get her money back, the appellant refused to return the money and committed sexual assault on her on three different occasions i.e. 10th April, 13th/14th April and 1st May, 2014. The prosecutrix disclosed to her cousin `A' that the appellant was not returning the money on which `A' went to appellant's house and a quarrel ensued between `A' and the appellant after which, the mother of the prosecutrix and `A' went to the police station. The statement of the prosecutrix was got recorded at the police station (Ex.PW-2/A) pursuant to which the prosecutrix was sent for medical examination.

3. MLC of the prosecutrix (Ex.PW-7/A) dated 02nd May, 2014 was prepared by Dr. Ajay Sharma, wherein it was recorded

"Pattern bruises present Lt. side of forearm.

1. Size of horizontally 2.5 cm x 0.5 cm.

On asking, H/o above injury first answer H/o assault by Police again voluntary answered hit by brother.

Ref. to Gynae for Expert Examination with Opinion.

Nature of Injuries - Simple

Kind of Weapon - Blunt by Wooden Stick Bruise present on R thigh dorsal aspect 5 x 4 cm.

No other external injury, hymen torn, no bleeding."

4. Thereafter, IO/SI Vandana went to the spot and arrested the appellant from his jhuggi vide arrest memo Ex.PW-2/C and his disclosure statement (Ex.PW-7/E) was recorded, and his medical examination (Ex.PW-7/G) was got conducted. After completion of investigation, the charge-sheet was filed and the appellant was charged for offences punishable under Section 6 POCSO Act and Section 342 IPC. To prove its case, prosecution examined 8 witnesses.

5. Learned counsel for the appellant assails the impugned judgment on the ground that the present matter involves false implication of the appellant because of monetary dispute between the appellant and the brother of the prosecutrix. It was contended that the conduct of the prosecutrix is doubtful as it is highly unlikely as to why would a girl who has been raped thrice would be willing to go with that man as recorded in the prosecutrix's statement under Section 164 of the Code of Criminal Procedure, 1973 ("CrPC") and the FIR (Ex.PX-1/A). It was further contended that the MLC of the prosecutrix clearly establishes that she was beaten by a wooden stick as also stated by her that it was first the police and then her brother who had beaten her. Further, the MLC does not mention whether the hymen tear was fresh or old, and in totality the MLC suggests that no such incident ever took place. Neither the doctor who prepared the MLC was examined, nor was the MLC ever admitted by or on behalf of the appellant during trial. It was further contended that in order to tally the DNA, semen sample of the appellant was not required and that the blood sample was enough, and therefore, the fact that the semen sample was collected at the instance of the IO leads to the probable conclusion that the same was collected only to plant evidence against him. Further, the only incriminating evidence against the appellant in the FSL Report, however, the same is unreliable as possibility of planting