Testimony of a child victim, if found consistent and credible, outweighs contradictory medical evidence even in the absence of physical injury. A reasonable explanation for the delay in filing a complaint renders such delay non-fatal to the prosecution's case.

JUDGMENT & ORDER :

(Pranjal Das, J.)

Heard Mr. Z. Khalid, learned counsel for the appellant. Also heard Ms. S. Mere, learned Public Prosecutor and Mr. Toshi O.Longkumer, learned counsel for the Informant/respondent No. 2.

2. The convict/appellant, Abul Kasem invoking the provisions of Section 374(2) of the Cr.P.C, 1973 has preferred this appeal against the judgment and order dated 16/03/2023 passed by the learned Special Judge (POCSO) Dimapur, Nagaland arising out Dimapur Women P.S Case No. 003/2022 in Fast Track Special Court Case No.003/2022.

3. By the impugned judgment and order, the appellant was convicted under Section 8 of the POCSO Act 2012 read with Section 354/377/506 IPC. For his conviction under Section 8 , he was sentenced to undergo rigorous imprisonment for 3 years and pay a fine of Rs. 2000/- (Rupees Two thousand), in default, undergo R.I for 1 year. For his conviction under , he was sentenced to rigorous imprisonment for 1 year and fine of Rs.1000/- (in default R.I for 6 months). Similarly, for his conviction under section 377 , he was imposed with rigorous imprisonment for 10 years and fine of Rs. 5000/- (in default R.I. for 1 year). For his conviction under Section 506 he was sentenced to suffer rigorous imprisonment for 1 year and fine of Rs. 500/- (in default undergo S.I. for 2 months). It was directed that the sentences shall run concurrently, except the punishment and sentence under ; he was also given the benefit of set-off under Section 428 Cr.P.C.

4. Aggrieved by the said conviction and sentences, the convict/appellant is before this court with this appeal.

5. The prosecution case before the learned Trial Court was that on 06/03/2022 an FIR was lodged before the Niuland Police Station Dimapur by the Vice-Chairman, Luzheto Village Council, Dimapur with the allegations that on 20/02/2022, the accused Abul Kasem seduced and led a minor 7 year old girl to his residence and committed rape upon her and that it was also witnessed by two witnesses namely, Hurmuz Ali and Muslim Pastor M.D. Kotamiya Ali. It was alleged that the witnesses saw the accused holding the hand of the minor girl leading her to his room and later heard the minor girl screaming. It is alleged that the incident came to light only after 15 days when the said Muslim pastor confronted the victim's mother and upon questioning the minor girl, details of the incident was revealed leading the Village Council to summon the accused and forward the case to the police.

6. On the basis of the aforesaid allegations in the FIR, Dimapur Women Police Station Case No. 003/2022 was registered under section 354/376 AB/377 IPC read with section 6(1) of the POCSO Act and investigation started. After completion of investigation, the case was charged-sheet against the appellant under section 354/376 AB/377/506 read with section 6(1) of the . The charge- sheet was filed vide Charge-Sheet No. 5 of 2022 dated 11/04/2022.

7. Subsequently after completion of the usual formalities, the learned Trial Court wa