The credibility of the victim's testimony, corroboration from medical evidence, and lack of contradiction were central to establishing the offence under the POCSO Act.

JUDGMENT :

K.R. Surana, J

Heard Ms. S. Sharma, learned legal aid counsel for the appellant. Also heard Ms. B. Bhuyan, learned senior counsel and Addl. P.P. for the State, assisted by Ms. P. Bora, learned counsel, as well as Ms. B.R.A. Sultana, learned legal aid counsel for the informant i.e. respondent no.2.

2. The appellant has filed this appeal from jail as per the provisions of section 383 of the Cr.P.C. By filing this appeal under section 374(2) of the Cr.P.C., the appellant has assailed the judgment dated 09.03.2022, and sentence dated 11.03.2022, passed by the learned Special Judge, POCSO, Golaghat, thereby convicting the appellant for committing offence punishable under section 6 of the POCSO Act. The appellant was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/-, in default to suffer rigorous imprisonment for a period of 3 (three) months for the offence under section 6 of the POCSO Act, 2012.

3. On 29.12.2020, Atulya Krishna Das gad lodged an FIR before the Officer-in-Charge of Golaghat Police Station to the effect that the appellant, his minor daughter and son were living in his rented house since last three years and the women in the neighbourhood upon noticing physical changes in the victim ‘SH’, the 13 (thirteen) year old minor daughter of the appellant asked her what had happened and then she narrated that his father i.e. the appellant had been establishing physical relationship with her and he had threatened her that he would beat her up if she disclosed it to others and so the neighbouring people had come to the rented house of the appellant at 02:30 PM and questioned him and his daughter and at that time also he had threatened to beat up her daughter. Later on, with the help of the locals, the appellant was detailed and the police was informed. Accordingly, Golaghat P.S. Case No. 924/2020, corresponding to G.R. 1613/2020 was registered under sections 376(2)(i) IPC read with section 4 of POCSO Act.

4. After investigation of the case charge-sheet was submitted against the appellant. The learned Trial Court had read over, interpreted and explained the charge framed against the appellant of having committed offence punishable under section 6 of the POCSO Act, to which the appellant had pleaded not guilty and claimed to be tried.

5. In course of trial, the prosecution had examined 11 PWs, namely, Atulya Krishna Das (PW-1), Namita Barua (PW-2), Shewali Hazarika (PW-3), Ruhini Rajbangshi (PW-4), Anamika Das (PW-5), Monowara Begum (PW-6), Shahid Khan (PW-7), Parijat Bora (PW-8), Priyanka Hazarika (PW-9), Dr. Sunita Ekka (PW-10) and Sanjay Sanyal (PW-11) and the following documents were exhibited, viz., ejahar (Ext.1); seizure list (Ext.2); statement of the victim under sec.164 Cr.P.C. (Ext.3); Form-I for Women/victim/survivor Compensation Scheme (Ext.4); medical examination report (Ext.5); clinical pathology report (Ext.6); ultrasonography report (Ext.7); USG copy (Ext.8); sketch map (Ext.9); charge-sheet (Ext.10).

6. Upon completion of examination of PWs, on 02.03.2022, the appellant was examined by the learned Trial Court by placing the incriminating materials appearing against him. The appellant denied the materials appearing against him as false. However, he had declined to adduce any evidence in his defence.

7. The learned Trial Court had framed the following points of determination:

i. Whether the accused person is the biological father of the victim S.H. and the said victim was in custody of the accused person?

ii. Whether the accused person committed penetrative sexual attack upon the victim, who was 13 years old, more than once?

iii. Whether the victim became pregnant as a result of such sexual intercourse by the accused person?

8. The learned Trial Court had discussed the evidence of the PWs and found the evidence to be reliable and convincing. The learned Trial Court had also discussed the sequence of events relating to the neighboring womenfolk noticing physical changes in the minor