The testimony of a victim is sufficient for conviction in sexual assault cases if consistent and credible, reinforced by supporting evidence.

JUDGMENT :

(S.K. Medhi, J.)

This instant Appeal has been preferred under Section 374(2) of the Code of Criminal Procedure, 1973 [corresponding to Section 415 of the BNSS ] against the judgment and order dated 04.06.2022 passed by the learned Addl. Sessions Judge-cum-Special Judge (POCSO), Sivasagar in Case No. Special POCSO 36/2021 whereby the appellant has been convicted under Section 6 of the Protection of Children from Sexual Offences (hereinafter referred to as POCSO) Act and sentenced to undergo Rigorous Imprisonment for a term of 20 years and to pay a fine of Rs.10,000/- (Rupees Ten Thousand) only in default of fine, to undergo Rigorous Imprisonment for a period of 6 (six) months.

2. The criminal law was set into motion by lodging of an Ejahar by the mother of the victim (PW-1), alleging inter alia that she had sent her daughter to a nearby shop owned by the appellant to bring some articles. Upon not returning for a long time, she sent her elder daughter to the said shop. Thereafter, she had come to learn that the shopkeeper had inserted his finger in the victim’s vagina and on asking, she narrated everything and said that the shopkeeper had offered her some chips and toffees to not disclose about the incident at home.

3. Thereafter, PW1 along with few others had gone to the shop and questioned the appellant regarding the incident on which, he asked for forgiveness. His wife and mother too had asked for forgiveness. Based on the aforesaid Ejahar which was received by the police station on 10:05 PM on 28.07.2021, the investigation had begun when the victim was sent for medical examination.

4. The statements of the witnesses were recorded and accused person was arrested. The statement of the victim was recorded under Section 164 of the Code of Criminal Procedure, 1973 (corresponding to Section 183 of the BNSS ) and after completion of the investigation, the charge sheet was laid. Accordingly, the Court framed two charges against the appellant and on denial of the same, the trial commenced in which, the prosecution had adduced evidence through 7 (seven) nos.of witnesses.

5. PW-1 is the informant and mother of the victim, who had deposed that her daughter, who is the victim, is of 9 (nine) years of age. On the relevant day, at about 12:30 PM, she had sent the victim to bring chana from the shop of the appellant and as she did not return for about fifteen minutes, she had sent her elder daughter to the shop whereafter both the daughters came and on asking, the victim told that the appellant had inserted his finger into her vagina by removing her panty. She had also made other accusations against the appellant. Thereafter, PW-1 had gone to the appellant’s shop and on confronting him, he had initially denied the occurrence of any such incident. However, later, he had admitted and begged for an apology. The matter was informed by the informant to her husband over telephone and thereafter, the matter was reported to Sivasagar Sadar Police Station by lodging of an Ejahar which was proved as Exhibit-1. The original Birth Certificate of the victim was also seized and proved in original as Exhibit-3. She had also clarified that there was a spelling mistake in the name of the victim in the Birth Certificate and a fresh Birth Certificate was made with the correct name