The court confirmed conviction for kidnapping and sexual assault under IPC and POCSO Act, emphasizing victim testimony's reliability and the statutory presumption of guilt established by the prosecution.

JUDGMENT :

SWARANA KANTA SHARMA, J

1. The appellant Hiran has approached this Court by way of this appeal, setting aside of the judgment dated 30.09.2024 [hereafter "impugned judgment‟] and order on sentence dated 26.10.2024 [hereafter "impugned order on sentence‟] passed by learned Additional Sessions Judge-01(POCSO), North-West, Rohini Courts, Delhi [hereafter "Trial Court‟] in SC No. 334/22 arising out of FIR bearing no. 213/2022, registered on 18.02.2022 at Police Station Ashok Vihar, Delhi, whereby he has been convicted for commission of offence punishable under Sections 363/376(3) of the Indian Penal Code, 1860 [hereafter "IPC‟] and Section 4 of the Protection of Children from Sexual Offences Act, 2012 [hereafter "POCSO Act‟].

FACTUAL BACKGROUND

2. The gravamen of the prosecution case is that on 18.02.2022, the complainant "P‟ lodged a missing report regarding her daughter (victim) "N‟, aged about 13 years, stating that on 16.02.2022 at about 9:00 AM, she had left for work and, upon returning home around 2:00 PM, she found her daughter missing. On her complaint, the present FIR was registered, initially for the offence under Section 363 of the IPC. However, on 19.02.2022, the complainant, along with her daughter, visited the police station and informed that the daughter had returned. The complainant informed that her daughter had disclosed that she had spent the night at the house of an unknown person. The complainant also produced Rs.2,000/-, stating that the said amount had been given by that unknown person to her daughter, who had kept her at his house for the night.

3. Thereafter, the medical examination of the victim was conducted, first at Deep Chand Bandhu Hospital, Ashok Vihar, Delhi, and then at Bhagwan Mahavir Hospital, Pitampura, Delhi, and her MLC was obtained, wherein she disclosed details of the sexual assault committed upon her. Samples and exhibits, including the sexual assault evidence kit, were collected and seized.

4. The statement of the victim was recorded under Section 161 of the Code of Criminal Procedure, 1973 [hereafter "Cr.P.C.‟], and thereafter under Section 164 of Cr.P.C. before the learned Magistrate on 20.02.2022. In her statement, she revealed that, out of anger after being scolded by her mother, she had left home and sat in a park. However, while wandering through the streets, she lost her way and remained in the park for two days. On the morning of 18.02.2022, while still in the park, she met one uncle (the accused), who enquired about her residence and offered to drop her home. However, he took her to his jhuggi (hut), where he prepared food, fed her, and she subsequently fell asleep. Thereafter, the accused established physical relations with her. Later, he gave her food, clothes, and money, and sent her back. On the basis of the victim's MLC and her statements, Sections 376 of IPC and Section 4 of the POCSO Act were added to the FIR.

5. During investigation, the Investigating Officer, along with the complainant and the victim, went to the Lal Bagh area to search for the accused. On the pointing out of the victim, the accused/appellant Hiran was arrested from jhuggi no. 91, T Huts, Lal Bagh, Azadpur, Delhi. The victim identified the appellant Hiran as the person who had committed the offence in question. The appellant was thus arrested on 20.02.2022 in connection with the present case, and his medical examination, including potency test, was conducted. The I.O. also obtained the school records of the victim to ascertain her age, and her