Child victim's credible testimony can sustain conviction without corroboration; presumption of guilt under POCSO arises upon proof of foundational facts.

JUDGMENT :

1. By way of the present appeal, the appellant seeks to assail the judgment of conviction dated 25.02.2019 passed by the learned Addl. Sessions Judge-01, Special Court (POCSO Act), North East District, Karkardooma Courts, Delhi, in SC No. 309/2017 arising out of FIR No. 784/2017 registered under Sections 376/506 IPC and Sections 4/6/8 of Protection of Children from Sexual Offences Act, 2012 [in short, “POCSO”] at P.S. New Usmanpur, whereby he was convicted for the offences punishable under Sections 366/376/506 IPC and Section 6 POCSO. Vide the impugned order on sentence dated 27.02.2019, the appellant was sentenced as under:-

i) RI for 4 years alongwith fine of Rs.5,000/-, in default whereof he would undergo SI for 3 months, for the offence punishable under Section 366 IPC;

ii) RI for 4 years alongwith fine of Rs.5,000/-, in default whereof he would undergo SI for 3 months, for the offence punishable under Section 506 IPC; and

iii) RI for 12 years alongwith fine of Rs.10,000/-, in default whereof he would undergo SI for 6 months, for the offence punishable under Section 376 IPC.

2. The FIR came to be registered on 04.08.2017 on the statement of the child victim, who was about 10 years old at the time. She alleged that she was a student of Class VI and, on the way to her school, a person sitting in the woodwork shop used to offer chowmin or kachori and at times also used to abuse and threaten her. The said person used to take off his clothes as well as those of the child victim, press her chest, and commit the offence of rape, wherein she used to feel pain. The said person used to give her something and send her off, and also used to issue threats that he would drown her in a drain or cut her like a piece of wood, if she disclosed about the happenings to anyone. She also alleged that the person committed the offence of rape upon her on a number of occasions on account of these threats. She stated that she did not disclose the events to anyone as she was scared, and that the last time the offence was committed was in the shop on 01.08.2017. She further stated that, on being asked by her school teacher, she disclosed the said facts to her, who in turn told the same to her mother. On the basis of the aforesaid allegations, the child victim was taken for medical examination and her statement under Section 164 Cr.P.C. was also recorded, wherein she reiterated her earlier statement. The appellant was arrested, and on completion of investigation, charges were framed under Sections 354B/366/506/376 IPC and Sections 6/8 POCSO.

MATERIAL WITENESSES

3. The child victim was examined as PW-1. The Trial Court, after asking a few preliminary questions, recorded its satisfaction as to the competency of the child victim to understand and answer the questions put to her. Being about 11 years of age, her statement was recorded without oath. She deposed that the accused would give her eatables and, at times, some money, and that he would also meet her outside a shop selling chowmein and other items. The accused, many times, took the child victim to his woodwork shop, wherein he committed the offence of rape upon her. She reiterated the factum, as well as the nature of, the aforenoted threats. She also reiterated that the act of rape was committed on several occasions. She further deposed that she had told the facts to her teacher "D‟. Initially, she couldn't identify the accused when shown from a distance, however, she then pointed her finger towards him and identified him as the person who had committed the offences upon her.

In her cross-examination, she stated that she used to pay as and when she used to buy things from the concerned shop. On being asked whether the accused was arrested on the same day as when she had gone to the police station, she answered in the negative. She stated that apart from the accused, another person used to work at the said woodwork shop. She admitted that the person who had done the wrong act