The testimony of a child witness can stand alone for conviction if credible and consistent, without necessitating corroboration.

JUDGMENT :

MANOJ KUMAR OHRI, J.

1. The present appeal filed under Section 415(2) r/w Section 424 of BNSS, 2023 has been instituted seeking to assail judgment dated 24.02.2024 and order of sentence dated 09.05.2024 in Sessions Case No. 265/2021 arising out of FIR No. 50/2021 registered under Sections 376/506 IPC & Section 6 POCSO Act at P.S. Keshav Puram , Delhi.

Vide the impugned judgment and order on sentence, the appellant was convicted for the offences punishable under Sections 5 (j)(ii) &(l) punishable under Section 6 of the POCSO Act and for the offences under Sections 376(2)(n)/376(3)/506 IPC and he was sentenced to undergo rigorous imprisonment RI for 20 years in addition to the payment of fine of Rs.5,000/- and in default of payment of fine, he was directed to undergo simple imprisonment for 1 month for each of the above mentioned convictions. Additionally, he was also convicted under Section 5 06 IPC and sentenced to undergo RI for 2 years in addition to the payment of fine of Rs. 1,000/- and in default of payment of fine, he was directed to undergo simple imprisonment for 15 days. All sentences were directed to run concurrently. The benefit of Section 428 Cr.P.C. was also extended to the appellant.

2. The brief facts of the case as noted by the Trial Court in the impugned judgment are as under :

“In brief, as per charge-sheet, information regarding DD no. 6A dated 07.02.2021 was received by the IO. On receiving the information, she reached Lok Nayak hospital. There she met SI Sukhbir and NGO counselor Ms. Ranju. There SI Sukhbir produced MLC No. 113949719 CR. No. 863141 dated 07/02/2021 of victim N D/o Late JPS to her. At 11:12 AM, the victim gave birth to a female child. In MLC the doctor had given history of sexual intercourse 2-3 times, 8-9 months back. After some hours of delivery when the victim was in good condition, IO recorded statement of victim in presence of NGO counselor. In her statement, victim stated that, "that from last about one year, she is residing with her mausi 'N' and mausa 'MS'. Her sister and her husband were also residing with them on rent. Her parents had died in her childhood. She has studied up to 8^th standard. Near about one year ago, she went to Jahaj Park to ride on swings. There she met one girl namely 'SU' and they became friends. After about 10-15 days, her friend 'SU' took the victim to Jahaj park and got met with accused Faisal and said that you both also become friends. Thereafter, they all three roam around in the park. Next week 'SU' told her in her street that today is Sunday and today the accused Faisal would come to the park. She asked her to go to the park to meet Faisal. She also told that accused Faisal does the work of electrician. Thereafter, she went to the park to meet accused Faisal. There the accused Faisal told her that today is his holiday and further asked her to roam around. Thereafter, accused Faisal took her to another park in auto. There he scolded her and threatened her to kill. Thereafter, he made sexual relations with her and told her that he loves her and he would solemnize marriage with her. Then he said that he would meet her next week. He asked her to meet him in said park on Sunday. She was frightened. Due to fear, she did not tell to anyone and again went to the park. Accused Faisal again made sexual relations with her in said park. Accused Faisal did this act 2-3 times. Thereafter, accused Faisal met her in said park on Sunday and again told her that he would solemnize marriage with her. But thereafter, for about 8 months he did not meet her. She did not know that she is pregnant. On 06.02.2021, she felt some pain in her stomach. On 07