The POCSO Act allows for conviction based on the victim's testimony, provided it is credible, with burden shifting to the accused under Section 29 to prove innocence.

JUDGMENT :

Kardak Ete, J.

Heard Mr. Muk Pertin, learned Senior Counsel assisted by Mr. M. Yubbey, learned counsel for the appellant. Also heard Ms. L. hage, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. L. Perme, learned counsel for the respondent No. 2/informant.

2. This criminal appeal is directed against the judgment and order dated 04.01.2024, passed by the learned Special Judge, (POCSO), Pasighat, East Siang District, Arunachal Pradesh, in PSG SC (POCSO) Case No. 09/2021, whereby accused Shri Toli Pale, has been convicted and sentenced to undergo imprisonment for a period of 3 (three) years 1 (one) month with a fine of Rs. 10,000/- (Rupees ten thousand) only for the offence under Section 8 of the POCSO Act and also sentenced to undergo imprisonment for period of 1 (one) month and a fine of Rs. 500/- (Rupees five hundred) only for the offence under Section 447 IPC, by holding guilty of sexual assault under Section 354A(2) IPC and Section 8 of POCSO Act.

3. The case set up by the prosecution, in brief, is that on 01.10.2021, a written complaint was filed by one Smti Tongam Buchi before the Officer-In-Charge, Likabali Police Station alleging that Shri Toli Pale, convict herein, has molested her daughter Ms. XXX (name withheld), aged about 8 years, on 29.09.2021. Upon receipt of the said F.I.R. a case, being WPS Case No. 15/2021, under Section 354 A (i) IPC read with Section 9 of the POCSO Act was registered.

4. During investigation, the victim was examined and her statement was recorded. The victim was also forwarded to the Protection Officer, District Child Protection Unit, Pasighat for counseling. The statements of the other witnesses were also recorded. It is seen that the complaint was made at Likabali Police Station where the victim was forwarded for medical examination. MLC report was received on 06.10.2021 at WPS. The convict- Shri Toli Pale was arrested on 01.10.2021.

5. During the course of investigation, it was revealed that the victim was staying at Pasighat with her maternal aunt. On 29.09.2021, the convict, along with the guardian of the victim and one more friend, were having drinks at Sibo Korong River. Thereafter, they reached the quarter of Shri Jumto Yomgam where the victim was staying and they had drinks there again. During that time, the convict entered into the room where he hugged and kissed the victim and then inserts his hand inside lower inner garment (Panty). As per MLC report of the victim, the Medical Officer opined that the victim was sexually assaulted. The statement of the victim under Section 164 Cr.P.C. was recorded on 02.12.2021.

6. After completion of investigation, the Charge-Sheet was laid against the accused/convict under Section 354 A (i) IPC read with Section 9 of the POCSO Act. The charges were framed on 13.04.2022 by the learned Special Judge against the accused/convict under Section 354 A (ii) read with Section 8 of POCSO Act. The charge was explained to the accused/convict to which he denied the charge and pleaded not guilty of offence and claimed to be tried.

During the course of trial, the prosecution has examined in all 7 (seven) prosecution witnesses. The learned trial court examined the accused person under section 313 Cr.PC and was recorded his statements. The defence plea is total denial. Thereafter 3 (three) defence witnesses, including the accused/convict, were examined.

7. Upon consideration of the evidence adduced on record, the learned Spec