The testimony of a minor victim may suffice for conviction in sexual assault cases if it is credible and consistent, independent of corroborating evidence.

JUDGMENT :

M. Zothankhuma, J.

1. Heard Mr. A.K. Goel, learned counsel appearing for the appellant. Also heard Mr. R.R. Kaushik, learned Addl. P.P. appearing for the State respondents and Ms. P. Saha, Legal Aid Counsel appearing for the respondent no.2.

2. This appeal has been filed against the impugned judgment dated 07.07.2022, passed by the Court of the Additional Sessions Judge-cum- Special Judge, POCSO, Sivasagar, in Special POCSO Case No. 08 of 2021, arising out of Sivasagar P.S. Case No.1488/2020, by which the appellant has been convicted under Section 6 of the POCSO Act, 2012 and under Section 376 AB IPC . He was convicted under Section 6 of POCSO Act and was sentenced to undergo rigorous imprisonment for a period of 20(twenty) years with a fine of Rs.10,000/-, in default to undergo R.I. for a period of 6(six) months.

3. The prosecution case, in brief, is that an FIR dated 21.12.2020 was submitted by the informant (PW-1), who is the mother of the victim girl, aged about 9 years. The FIR which had been submitted to the Officer-in- Charge of the Sivasagar police station stated that the informant’s daughter (victim), returned home after receiving tuition near their home and went out at around 5.00 P.M. on 21.12.2020. The appellant called the victim to his house, on the pretext that the appellant's daughter had called the victim. Thereafter, the appellant committed a bad act on the victim. However, as the daughter of the appellant arrived at the scene, the victim was somehow saved.

4. Pursuant to the FIR dated 21.12.2020 submitted by prosecution witness one, (PW-1), Sivasagar P.S. Case No.1488/2020 under Section 376 AB IPC , read with Section 6 of the POCSO Act, was registered on 21.12.2020. After having the victim examined by a doctor and having her statement recorded under Section 164 Cr.P.C, the case I/O, (PW-6) submitted the charge-sheet after completion of investigation, wherein, he found a prima facie case under AB read with Section 6 of the POCSO Act, established against the appellant.

5. The learned trial Court, thereafter, framed two charges against the appellant under Section 376 AB IPC and Section 6 of the POCSO Act, 2012, to which, the appellant pleaded not guilty and claimed to be tried.

6. The learned trial Court, thereafter, examined 6(six) prosecution witnesses and one defense witness. The appellant was also examined under Section 3 13 Cr.P.C. The learned trial Court then came to a finding that the appellant was guilty of having committed aggravated penetrative sexual assault against the victim in terms of Section 3 (d) read with Section 5 (m) of the POCSO Act. The appellant was then convicted under Section 6 of the POCSO Act and sentenced accordingly.

7. The learned counsel for the appellant has challenged the impugned judgment passed by the learned trial Court, on the ground that while the victim in her evidence has stated that a tape had been put on her mouth by the appellant and had tied both her hands and legs with a “gamosa”, no tape or “gamosa” had been seized by the police. He also submits that the evidence of all the other prosecution witnesses does not speak of the victim's mouth being taped or her hands and legs being tied with a gamosa, even though their evidence had been based on what the victim had stated. He also submits that while the evidence of the informant (PW-1) is to the effect that PW-1 & PW-4 were both present when the victim had come out of the house of the appellant and the victim had rushed to her grandmother (PW-4) and informed them of the incident, the eviden