The court confirms that the credible testimony of a child victim can sustain a conviction in sexual assault cases without needing corroboration, highlighting the reliability of the victim's account despite some contradictions.

JUDGMENT :

Mitali Thakuria, J.

Heard Mr. G. Tarak, learned Amicus Curiae for the appellant. Also heard Ms. L. Hage, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. M. Boje, learned Amicus Curiae for the respondent No. 2.

2. This jail appeal, under Section 374(2) of the Code of Criminal Procedure, 1973, is preferred against the judgment & order dated 03.05.2021, passed by the learned Special Judge (POCSO Act), Tezu, District Lohit, Arunachal Pradesh in POCSO Case No. 12/(LDV)/2019, under Section 376(2)(f) of the INDIAN PENAL CODE , whereby the accused/appellant has been sentenced to undergo rigorous imprisonment for a period of 10 (ten) years and fine of Rs. 1,000/- and in default further simple imprisonment of another 1 (one) month.

3. The prosecution case, if brief, is that on 21.03.2019, one Shri Nikong Pertin (informant), father-in-law of the convict/appellant, lodged an F.I.R. before the Officer-In-Charge, Dambuk Police Station, alleging that on 16.04.2019, at about 3.00 p.m., the present convict/accused/appellant- Shri Dulpak Saring forcefully raped his stepdaughter (victim), who was aged about 10 (ten) years, and threatened her with dire consequences. Upon receipt of the said F.I.R., the Officer-In-Charge, Dambuk Police Station registered a case, being Dambuk P.S. Case No. 01/2019, under Sections 3 76(2)(f)/506 of the INDIAN PENAL CODE read with Section 4 of the POCSO Act, and started investigation.

4. During investigation, the I.O. recorded the statements of all the available witnesses, along with the statement of the victim, and forwarded the victim to CHC Dambuk for her medical examination and also collected the MLC report. The victim was also produced before the Magistrate for recording her statement under Section 164 Cr.P.C. The accused was also arrested and produced before the Magistrate for recording his statement under Section 164 Cr.P.C., wherein the accused has partially admitted his guilt.

5. Thereafter, on completion of investigation, the I.O. laid Charge-Sheet against the present accused/appellant under Sections 376(2)(f)/506 of the INDIAN PENAL CODE read with Section 4 of the POCSO Act and the learned Special Judge (POCSO Act), East Sessions Division, Tezu, Lohit District, Arunachal Pradesh, after considering the materials available on record and also finding prima facie case, framed charge against the present accused/appellant under the aforesaid Sections. The charges were read over and explained to the accused/appellant, to which he pleaded not guilty and claimed to be tried.

6. During the trial of the case, the prosecution examined as many as 7 (seven) numbers of witnesses including the informant, victim, Doctor and Investigating Officer. The accused was also examined under Section 313 Cr.P.C. Thereafter, the lea