The testimony of a minor victim in sexual assault cases is to be treated with utmost care, affirming that penetrative sexual assault is constituted even by the slightest degree of penetration.

JUDGMENT :

Heard Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor, Mizoram for appellant. Also heard Mr. B. Lalramenga, learned counsel for accused/respondent No. 1.

2. There is no representation on behalf of the respondent No. 2/ informant/victim, despite service of notice as evident from the affidavit of service filed by the appellant, a copy of which is furnished by Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor and kept in the file.

3. This criminal appeal under Section 3 78 of CrPC, 1973 is preferred against the impugned acquittal Judgment and Order dated 20.09.2019 passed by the learned Special Judge, POCSO, Aizawl Judicial District, Aizawl in Criminal Trial No. 1912 of 2016 registered under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as POCSO Act), wherein the Trial Court acquitted the respondent by giving benefit of doubt.

4. The case of the prosecutrix is that on 08.09.2016, an FIR was lodged by the informant victim who is aged about 13 years stating that she was living at the house of the accused/respondent No. 1 for her primary education. It is alleged that on 05.09.2016, she accompanied the accused/respondent No. 1 in his vehicle who was going to Damcherra, to be dropped in the house, which is situated on the way. It is further alleged that the accused/respondent No. 1 stopped his vehicle at the outskirt of Bualzau Village while it was raining heavily and forcefully dragged the informant victim down towards the jhum hut, wherein he took off her pant and underwear. It is further alleged that the accused/respondent No. 1 touched the informant victim’s breast and private parts. Accordingly, a case was registered under Section 6 of the POCSO Act, 2012.

5. Upon completion of investigation and submission of the chargesheet, the Court of Special Judge, POCSO, Aizawl Judicial District, Aizawl was pleased to frame charge under Section 4 of the POCSO Act, 2012 instead of Section 6 of the said Act.

6. Accordingly, the trial commenced wherein the prosecution examined 9 witnesses and the accused/respondent No. 1 examined two witnesses and the accused/respondent No. 1 was also examined under Section 313 of CrPC, 1973.

7. The Court of Special Judge, POCSO after hearing was pleased to acquit the accused/respondent No. 1 by it’s Judgment and Order dated 20.09.2019.

8. Before adverting to the submissions made by the parties, the relevant evidences are dealt hereunder.

9. PW-1, is the victim (informant) minor girl who deposed to the effect that she stayed at the house of the accused/respondent No. 1 for studies and that on 5.09.2016 she accompanied the accused/respondent No. 1 while he was traveling by his vehicle to Damcherra to get dropped on the way at her father’s house at Damdiai. She further deposed that the accused/respondent No. 1 stopped the vehicle on the way and took her out of the vehicle and made her sit forcibly inside a jhum hut while it was raining heavily. She further deposed that she was crying and the accused/respondent No. 1 put his hand inside her clothes and touched her breast and that he also forcibly took off her pant and underwear and told her to lie down. She further deposed that she refused and resisted him b