IMPORTANT POINT
The testimony of a victim in sexual assault cases, if credible, does not require corroboration, and the age of the victim can be established through admissible documents.

JUDGMENT :

(Nelson Sailo, J.)

Heard Mr. B. Lalramenga, learned counsel for the appellant, Ms. Linda L. Fambawl, learned Public Prosecutor for the State and Mr. T. Lalzekima, learned Legal Aid Counsel for the respondent No. 2.

[2.] This is an appeal filed by the appellant against the Judgment & Order dated 21.11.2023 passed by the Court of the Additional District & Sessions Judge -cum- Judge, Fast Track Court, Kolasib in Sessions Case (K) No. 19/2022 corresponding to Criminal Trial No. 56/2022 convicting the appellant under Section 6 of the POCSO Act and thereafter, vide order dated 07.12.2023 sentencing him to undergo Rigorous Imprisonment for a period of 20 years and to pay a fine of Rs. 5,000/- with a default clause.

[3.] The case of the prosecution in brief is that on 15.01.2022, the mother of the victim submitted an FIR in Kawnpui Police Station stating that her daughter who is a minor was sexually assaulted by her school Headmaster (the appellant) in the early hours of 15.01.2022 at around 1:30 AM inside the office of the Headmaster, Lalfak Memorial High School, Kawnpui. As a result, Kawnpui P.S Case No. 1/2022 under Section 6 of the POCSO Act dated 15.01.2022 was registered and investigation was conducted. During the investigation, the Investigating Officer (I/O) visited the place of occurrence and examined the complainant and the other witnesses and recorded their statements. Both the appellant as well as the victim were sent for medical check-up and the statements of the victim was recorded under Section 164 Cr.PC. Consequently, the I/O upon finding a prima facie case well established against the appellant under Section 6 of the POCSO Act, submitted the chargesheet before the Court and following the same, charge was framed against the appellant under Section 6 of the POCSO Act on 19.07.2022 and to which, he pleaded not guilty and claimed for trial. Therefore, the trial commenced and during which, the prosecution examined as many as 12 witnesses, including the prosecutrix while four (4) defense witnesses were examined by the defense. The appellant was also examined under Section 313 Cr.PC and upon hearing the parties, the learned Trial Court convicted and sentenced the appellant in the manner as already stated herein above.

[4.] Mr. B. Lalramenga, learned counsel submits that the arguments that he will be making are mainly on three (3) grounds. Firstly, the testimony of the victim is not corroborated. Secondly, the medical evidence is without any final report and thirdly, the age of the victim has not been proved since the Birth Certificate was not proved in accordance with law. The learned counsel also submits that from the evidence, it appears that there was some enmity between the family of the victim and the appellant and therefore, there is every likelihood that the appellant has been framed. He also submits that without there being corroboration to the version of the prosecutrix, her testimony alone cannot be relied upon since the victim does not meet the standard of a sterling witness. He also submits that the evidence of the Doctor who examined the prosecutrix is not reliable and that during cross- examination, the Doctor who was examined as PW-11 stated that the sign suggestive of vaginal intercourse could have been caused or might have been caused two (2) months ago and that since she was having menstruation, proper examination could not be done. In so far as the age of the prosecutrix is concerned, none of the prosecution witnesses exhibited the Birth Certificate of the prosecutrix during the trial although on the body of the Birth Certificate, it has been marked as Exhibit P-V. He submits that merely exhibiting or marking of the document as exhibit does not serve the purpose unless the Birth Certificate is proved in accordance with law. He submits that not only the Certificate is required to be proved but also, its contents which otherwise is missing