The testimony of minor victims in sexual assault cases can suffice for conviction if credible; the accused bears the burden of proof to contest guilt.

JUDGMENT :

KAUSHIK GOSWAMI, J.

1. Heard Ms. Rosalynn L. Hmar, learned counsel for the accused/appellant. Also heard Mrs. Mary L. Khiangte, learned Additional Public Prosecutor, Mizoram, appearing for the respondent No. 1 and Mr. Jordan Rohmingthanga, learned Legal Aid Counsel, appearing for the respondent Nos. 2 & 3, i.e. informant/mother and father, respectively.

2. This appeal is preferred against the Judgment & Order dated 04.07.2022 passed by the Special Court, POCSO Act, Lunglei District, Lunglei in connection with Crl. Tr. No. 549/2020 arising out of Lunglei P.S. Case No. 62/2020 dated 15.08.2020 under Section 6 of the Prevention of Children under Sexual Offences Act , 2012 (hereinafter to be referred as “POCSO Act, 2012”) whereunder the accused/appellant was sentenced to undergo Rigorous Imprisonment for a period of 20 (twenty) years and to pay fine of Rs.5,000/- (Rupees Five Thousand) and, in default payment of fine, to undergo Simple Imprisonment for another period of 1(one) month.

3. The case of the prosecution is that on 15.08.2020, PW-1/mother lodged an FIR alleging that the accused/appellant, in June, 2020 had made her twin daughters, aged about 5 years, suck his private part and thereafter, on 15.08.2020, he again took them to AOC to purchase petrol between 6:30 A.M to 7:00 A.M. where he touched their private parts inside the car. It is further alleged in the said FIR that the accused/appellant had inserted his finger as well in her private parts.

4. Upon receiving the aforesaid FIR, a case, being Lunglei P.S Case No. 62 dated 15.08.2020, was registered under Section 6 of the POCSO Act, 2012.

5. Accordingly, PW-9 took up the investigation and visited the place of occurrence and prepared a sketch map of the crime scene. She further examined the informant, the victims “X” and “Y” other witnesses and recorded their statements under Section 161 of the Code of Criminal Procedure, 1974 (hereinafter to be referred as “Cr.P.C.”). She further sent the twin victim girls to Lunglei Civil Hospital, where they were medically examined by PW-7 and, after examination she submitted a report (Exhibit P-6). PW-9 further seized the Birth Certificates of “X” and “Y” indicating their date of birth as 06.01.2014 and exhibited the same as Exhibits P-3 and P-4, respectively. She further produced the twin victim girls before PW-8 where their statements under Section 164 Cr.P.C. were recorded. She further arrested the accused/appellant and recorded his statement under Section 161 Cr.P.C. and also sent him for medical examination.

6. Upon completion of investigation, Charge-sheet No. 6/2020 was submitted on 15.08.2020 by PW-9.

7. Thereafter, the Special Court, POCSO Act, Lunglei District, Lunglei framed charges under Section 6 of the POCSO Act, 2012 and Section 376-AB of INDIAN PENAL CODE , 1860 (hereinafter to be referred as “IPC”) against the accused/appellant. The accused/appellant having pleaded not guilty, the trial commenced, wherein the prosecution examined 9(nine) witnesses including the Medical Officer, the Judicial Magistrate and the Investigating Officer and exhibited 13(thirteen) documents. Details of which are reproduced hereunder:

List of Prosecution Witnesses: