IMPORTANT POINT
The court affirmed the conviction under the POCSO Act based on the victim's credible testimony, emphasizing that minor inconsistencies do not detract from the integrity of her evidence.

JUDGMENT :

S.K. Medhi, J.

Both the appeals having arisen from the same judgment and order are considered and heard together and are disposed of by this common judgment and order. While Crl.A./92/2023 is a regular appeal, the other appeal being Crl.A.(J)/65/2024 is preferred from jail. By the impugned judgment and order dated 23.02.2023, the learned Special Judge, Jorhat, passed in Special Case No. 29/2019 under Sections 376/354A/34 IPC read with Section 4 of the POCSO Act, 2012, convicted the appellants under Section 4 (2) of the POCSO Act, 2012 and sentenced them to undergo rigorous imprisonment for a period of 20 years and fine of Rs. 10,000/- (Rupees Ten Thousand) in default of fine to simple imprisonment of 1 year.

2. The criminal law was set into motion by lodging of an Ejahar by PW-1, who is the mother of the victim. It has been stated in the Ejahar, lodged on 11.06.2019, that on 06.06.2019 her minor daughter was raped by the two accused persons. It was alleged that she was shown pornographic videos on the phone. Based on the said Ejahar, the FIR was registered and investigation was done, leading to laying of a charge-sheet. The statement of the victim was also recorded under Section 164 of the CrPC. The charges were, accordingly framed and on pleading not guilty by the two accused persons, the trial had begun, in which evidence of seven numbers of prosecution witnesses were adduced.

3. The informant, who is the mother of the victim, had adduced evidence as PW- 1.She had deposed that on happening of the incident, the victim was first taken to the Kathalguri Tea Estate Hospital, from where she was referred to the Jorhat Medical College Hospital. However, the Jorhat Medical College Hospital had asked for lodging of an Ejahar first, which was accordingly done. She had also stated that statement of her daughter under Section 164 of the CrPC was recorded. The said PW-1 was subjected to cross-examination.

4. PW-2 is an Anganwadi worker, whose evidence, however would not throw much light.

5. PW-3 is the victim of the incident. The deposition recorded would reveal that the capacity of PW-3 to understand the questions were examined and it appears that the victim had clearly narrated the incident. She had deposed that she was playing with two of her friends, namely, Saraswati and Bhagawati, when the accused Basanta took her to the shop of the other accused Munim (Umakanta) and Munim had inserted a candle in her vegina. She had also stated that she was put out through the window and she had come back home by walking and had told the incident to her paternal aunt Gultu, who accordingly told the incident to her mother. She even deposed that her parents had scolded the appellant Umakanta and he had absconded, whereafter her mother had lodged the case. She had deposed about being medically examined and that her statement under Section 164 CrPC was recorded before the Magistrate. In the cross- examination, she had, however, stated that at that relevant time she was playing with her two friends when accused Basanta had taken her away and though she had shouted, he had closed her mouth. She reiterates of narrating the incident to her paternal aunt Bultu Pehi.

6. PW-4 is the Doctor who had examined the victim on 11.06.2019. He had however deposed that there was no evidence of recent sexual intercourse and no injuries were found. The age of the victim was however stated to be between 7-9 years. The report was proved as Ext-1.

7. PW-5 and PW-6 are hearsay witnesses whose deposition may not be of much relevance.

8. PW-7 is the Investigating Officer who had investigated the case. He had proved the Sketch Map as Ext.P.-3 and the charge-sheet submitted as Ext.P.-4. In his cross- examination, he had however stated that PW-1, the mother of the victim did not state regarding any swelling or becoming reddish in colour of the private parts of the