IMPORTANT POINT
The court established that child witness testimony, if credible and corroborated, can be sufficient for conviction under the POCSO Act.

JUDGMENT :

P.J. Saikia, J.

Heard Mr. T.T. Tara, the learned counsel appearing for the appellant. Also heard Mr. G. Tado, learned Addl. Public Prosecutor representing the State of Arunachal Pradesh/ Respondent No.1. Ms. N. Danggen, the learned counsel appearing for the Respondent No.2 (informant).

2. This is an appeal under Section 374(2) of the Code of Criminal Procedure against the judgment dated 11.08.2023 and the order dated 14.08.2023 passed by the learned Special Judge (POCSO), Siang, East Siang, Upper Siang and Lower Siang district at Pasighat in PSG SC (POCSO) Case No.06/2019 convicting the appellant under Section 6 of the POCSO Act.

PROSECUTION CASE

3. The prosecution case relates to an allegation of sexual assault upon a five year old girl. The appellant is the younger brother of Smti. Dango Modi who was the best friend of the mother of the said girl. The appellant got a job at Yingkiong but he did not have any place to stay. Therefore, his elder sister requested the mother of the girl to allow her brother to stay in her house for the time being. Ultimately, the mother of the girl agreed.

4. The mother of the girl has alleged that the appellant whenever met her daughter kissed her lips. The mother of the girl did not like it. The appellant also started to behave differently. The mother of the girl had noticed that her daughter had started to wet the bed, which she never did before. Thereafter, the appellant left the house of the girl.

5. On 28th January, 2019, the mother of the girl took back her daughter to the hostel of Kiong Kids Foundation Montessori School at Yingkiong. On the same day, the mother of the girl went to the school to pay school fees. At that time, the teacher of the school told her that her daughter was urinating without control since the last one month. The mother of the girl was surprised to hear the abnormal news. Therefore, the mother took the girl to a doctor and the doctor told her that due to insertion of male organ into the vagina of the child, she was suffering from that problem. The mother of the girl then realised that it was the reason why the appellant left her house without saying anything. The mother has said that she met the appellant on many occasions after leaving her house but every time he would turn away his face and therefore, she could not have any talks with him.

6. The mother of the girl had lodged the FIR before police. The victim girl was examined by doctor. The doctor could not find any visible signs of injury upon the private parts of the victim. Even then the doctor reported that frequent urination by the girl might be the result of injury on the urethra caused by penetration of male organ.

7. On conclusion of investigation, police filed the charge sheet against the appellant.

8. The trial court framed the charge under Section 6 of the POCSO Act against the appellant.

9. During the trial, the prosecution examined 6(six) witnesses and the appellant examined 3(three) witnesses. One Court Witness was also examined.

10. Finally, the trial court convicted the appellant under Section 6 of the POCSO Act and sentenced him to undergo rigorous imprisonment of 20(twenty) years. He was also sentenced to pay a fine of Rs.10,000/- with default stipulations.

11. We have gone through the evidence.

12. There is no eye witness to the occurrence except the victim girl. Therefore, we will take the evidence of the victim girl first. She has stated in her evidence that some months back the appellant had inserted his penis into her vagina on two occasions. She further stated that while doing so, he used to close her mouth. She stated that while the appellant did bad act upon her, she used to have burning sensation in her vagina. According to the victim girl, the appellant asked her not to disclose about the matter to anyone else.

13. In her cross-examination, she has stated that she did not remember the dates when the appellant committed those acts upon her. She said that she even did not remember the colou