The credibility of the victim's testimony and the corroboration of evidence can be sufficient for conviction in cases of sexual assault under the POCSO Act.

Michael Zothankhuma, J.

Heard Mr. Vanlalnghaka, learned Amicus Curiae and Mrs. Linda L. Fambawl, Addl. Public Prosecutor.

2. The present appeal has been filed against the Judgment and Order dated 21.11.2016 passed by the Special Court, Protection of Children from Sexual Offences Act, 2012 (in short 'POCSO Act, 2012'), by which the appellant has been convicted under Section 323 IPC r/w Section 6 of the POCSO Act, 2012 and sentenced to undergo Rigorous Imprisonment for 10 years under Section 6 of the POCSO Act, 2012 and 1 year under Section 323 of IPC.

3. The present appellant was also imposed a fine of Rs. 1000/-, in default, Simple Imprisonment for 1 month.

4. The prosecution case in brief is that the complainant's granddaughter Lalhmachhuani, age 4 years, was raped on the night of 11.02.2014, sometime between 10 to 11.30 pm by the complainant's husband Vanlalmawia. The appellant apparently also burnt part of the victim's body with a burning cigarette and pulled out strands of her hair from her head. Charge under Section 323 IPC and Section 6 of the POCSO Act was framed against the appellant on 21.10.2014, in which the appellant pleaded guilty and claimed trial.

5. During the course of the trial, 7 prosecution witnesses were examined.

6. The evidence of the complainant (PW1) is to the effect that during the month of February, 2014, when her daughter was taken to Hospital to deliver a child, the complainant accompanied her daughter to the Hospital. During this time, her granddaughter (victim PW2) was in the residence along with the appellant and the complainant's son from a previous marriage, namely, Lalhruaizela (PW3). The complainant PW1, thereafter, stated as follows:-

"On my returned from the hospital I found my gran-daughter sleeping with her uncle Lalhruaizela and they were both covered with the blankets. I informed them to get up from bed since it was already late. When the accused Vanlalmawia went out of the room, my son Hruaizela informed that the accused Vanlalmawia had assaulted my grandchild throughout the night. I inspected my grandchild and found that there were bruise marks on her face and also part of her hair was pulled out. I enquired from the accused as to what had occurred and he replied that since the child was obeying him he had pulled her hair and pinched her on the face. I sent my son Hruaizela and grandchild to delivered food to my daughter at the hospital. Later I proceeded to the hospital and found that the mother of my grandchild was weeping. On enquiry she informed that the child had reported that the accused had sexually assaulted her during the night by making her take his private parts into her mouth and also had attempted to insert his private parts into her vagina. I also enquired from the child as to what had occurred. She informed me that the accused had sexually assaulted her and also had beaten her on the back side. I also inspected the injuries sustained by the child. I immediately reported the matter to Kulikawn PS from where we were referred to CAW Cell at Aizawl Police Station."

7. The evidence of the victim (PW2) is as follows:-

"On the night of incident the accused along with my uncle Hruaizela spent the night in our house at Kulikawn. My mother was in hospital and my grandmother was attending to her at hospital. At night the accused assaulted me with cigarette butt and burned several parts of my body at my back, thigh, back of my neck etc. He also took out his private parts and made me suck on it. He also attempted to insert his finger and his private parts into my vagina but since I felt pain he stopped and poured water which he was drinking on my private part. During this time my uncle was sleeping on his bed and was warned by the accused to keep quiet. Later the accused called us to his bed and made us sleep there."

8. The evidence of PW3, who is 12 years old and the uncle of the victim girl is reproduced below:-

"I know the accused person present in Court today. He is my stepfathe