Conviction of the appellant for attempted aggravated penetrative sexual assault upheld based on consistent testimony of the minor victim, despite charge framing errors; sentence reduced to ten years' imprisonment.

JUDGMENT :

NAVIN CHAWLA, J.

1. The appellant has approached this Court by way of the present appeal, assailing the Order dated 27.09.2021 passed by the learned Additional Sessions Judge-04 (POCSO), South District, Saket Courts Complex, New Delhi (hereinafter referred to as the 'Trial Court') in Sessions Case No. 127/2019, titledState v. Vikas, arising out of FIR No. 564/2018, registered at Police Station Sangam Vihar, Delhi, under Sections 376AB and 342 of the Indian Penal Code, 1860 (hereinafter referred to as the ' IPC ') and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act'), whereby the appellant has been convicted under Section 6 of the POCSO Act and Section 376AB of the , for committing rape on a girl below 12 years of age, and Section 342 of the for wrongfully confining the victim 'A' (name withheld as the victim was a minor).

2. The appellant also challenges the order on sentence dated 09.12.2021, whereby the appellant has been sentenced to undergo rigorous imprisonment for a period of 30 years (thirty years) for the offence under Section 376AB of the IPC , and rigorous imprisonment for a period of 01 year (one year) for the offence under Section 342 of the , with both the sentences directed to run concurrently. A fine of Rs. 1,000/- has also been imposed under of the , with simple imprisonment for 15 days in default of payment of fine; a fine of Rs. 3,02,334.61/- (Rupees Three Lakh Two Thousand Three Hundred Thirty-Four and Sixty-One Paise) under Section 376AB of the , with simple imprisonment for two months in default of payment of fine; and a further fine of Rs. 3,334.61/- (Rupees Three Thousand Three Hundred Thirty-Four and Sixty-One Paise) payable to the State towards defraying the expenses incurred in the prosecution has also been imposed on the appellant.

FACTUAL BACKGROUND:

3. Briefly stated, it is the case of the prosecution that the child victim, Ms. 'A', along with her mother, Smt. 'K' (name withheld to conceal the identity of the child victim) and her father, arrived at the police station on 24.12.2018 and disclosed an offence of 'Aggravated Penetrative Sexual Assault' committed upon the victim. Thereafter, IO/W/SI Jitendra Negi (PW-5) recorded the statement/complaint of the child victim. The child victim, along with her mother, was sent for medical examination at the All India Institute of Medical Sciences. After receiving the MLC of the victim, an endorsement was made on the rukka, and the FIR was registered by the Duty Officer at approximately 01:00 A.M. on 25.12.2018. The appellant came to the police station along with his brother- Sh. Rakesh. The child victim identified the appellant at the police station as 'Chhotu Bhaiya'. The child victim also stated that he removed her pyjama after closing the door and inserted his penis into her vagina. The appellant was arrested on 25.12.2018. The disclosure statement of the appellant was recorded. The medical examination/potency test of the appellant was conducted. The exhibits from the appellant were collected and handed over to IO/W/SI Jitendra Negi, who seized the same. The exhibits were deposited in the malkhana. The victim's statement under Section 164 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.') was recorded before the learned Met