Victim's testimony in sexual offences must be consistent and credible; significant inconsistencies may lead to acquittal even if the core premise of the testimony remains intact.

JUDGMENT :

SHAMIMA JAHAN, J.

1. This is a criminal appeal filed against the Judgment convicting the appellant dated 07.09.2022 as well as the sentencing order dated 12.09.2022 passed by the Special Judge (POCSO Act), Champhai Judicial District, Mizoram by which the appellant was convicted under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘the POCSO Act’) and was sentenced to undergo Rigorous Imprisonment for a period of 10 (ten) years with a fine of Rs. 20,000/- ( Rupees twenty thousand) and in default of the said fine, to undergo Rigorous Imprisonment for another period of 2 (two) months.

FACTS:

2. The prosecution case as is revealed from the First Information Report (FIR) dated 07.09.2016 is that the victim who was one of the wards in the Special Home and who was a student in Vengthlang Middle School, was lured with money by the appellant and that on two instances i.e. on 22.07.2016 and 29.07.2016, she was subjected to sexual abuse at a vacant house near the school during the lunch break by the appellant. On receipt of the said FIR, the police registered the case as CPI-PS Case No. 135 of 2016 and registered under Section 6 of the POCSO Act and investigated the case. On completion of the investigation, the Police filed charge-sheet vide charge-sheet No. 1 of 2017 on 13.10.2016 against the appellant under Section 6 of the POCSO Act. Thereafter, on completion of the necessary requirements under the law, the learned Special Court (POCSO Act), Aizawl Judicial District framed charge against the appellant under Section 6 of the POCSO Act, on 11.04.2017. Thereafter, the trial proceeded and the accused was examined under Section 313 of the Cr.PC and the learned Trial Court after completion of the trial, convicted the appellant as mentioned above. It is this judgment and order passed by the Special Court (POCSO Act), Champhai, which is put to challenge by the appellant before this Court.

EVIDENCE

3. The most clinching evidence in the instant case is the evidence of the victim who is arrayed as PW-10. She stated before the Trial Court that she was admitted to the Shelter Home due to an unfortunate incident happened to her on the previous year and that after her admission in the Shelter Home, she was enrolled in the Champhai Middle School and at the time of occurrence, she was studying in Class-VII. She stated that she saw the appellant for the first time when she was going back from her school to her home but she did not speak to him and that subsequently, one day, when she and her friends were sitting together at the waiting shed near the school, the appellant came to her and invited her to have physical relationship with him at which she did not reply anything. She further stated that one day later, she went to a shop nearby to purchase some items and at that juncture, the appellant who was little away waived at her and that she went near him, who took her to an empty house below the school. She then stated that in the said empty house, the appellant made her lie down on the bed and started molesting her and by removing her clothes he mounted on he