The testimony of a minor victim and corroborative medical evidence suffice for conviction in sexual assault cases, with statutory provisions ensuring protection and compensation for victims.

JUDGMENT :

Raja Vijayaraghavan, J.

This appeal, preferred under Section 374 (2) of the Code of Criminal Procedure 1973, is directed against the judgment dated 30.03.2019 in S.C. No. 62 of 2017 passed by the Special Court for the Trial of Offences against Children (Additional Sessions Court- I), Manjeri. In the aforesaid case, he was charged for having committed offences punishable under Sections 376(2) (f), (i), 506 (ii) of the IPC and Sections 5(l), (m), (n) r/w. 6 of the Protection of Children from Sexual Offences Act, 2012 . By the impugned judgment, he was found guilty of the offences punishable under Sections 376(2)(f)(i)(n) of the IPC, Section 6 (l) (m) (n) of the POCSO Act, as per Section 235 (2) of Cr.P.C and sentenced to undergo imprisonment for life for the offence under Section 376(2) of the IPC and to pay a fine of Rs. 1,00,000/- with a default clause. The above finding of guilt, conviction and sentence is under challenge in this appeal.

Brief Statement of Facts

2. The appellant is the father of the survivor child, who was aged about 12 years at the time of registering the crime on 02.08.2016. PW2 is the wife of the appellant. She had a minor son from her marriage with the appellant. One day prior to the registration of the crime, the child was taken to the Government Ayurvedic Dispensary, where PW1, an Ayurvedic Physician, was working. Upon hearing the complaint, the doctor sensed that something was amiss and informed the Childline authorities and members of the Child Welfare Committee. A member of Childline then alerted the police. The statement of the child was recorded on 02.08.2016 by PW10, a Woman Police Constable, and based on the same, Ext. P9 FIR was registered. The FIS was then transmitted to the Sub-Inspector of Police, Changramkulam. On the basis of Ext. P1, Ext. P9 FIR was registered.

3. The investigation was initially conducted by the Sub-Inspector of Police, Changramkulam Police Station (PW12). Thereafter, the same was taken over by the Circle Inspector of Police, Ponnani (PW13), on 03.08.2016. He prepared Ext.P8 Scene Mahazar, as per which he seized MOs 1 and 2 clothes worn by the survivor. Samples were taken for the purpose of Forensic analysis and the same was forwarded as per Ext.P11 Forwarding Note. Since, from the statement of the child, it was revealed that the initial incident had taken place at Kumaranalloor, in an unnumbered house near to house bearing No. 15/399 situated within the limits of Kakkur Grama Panchayat and prepared Ext.P12 Scene Mahazar. Thereafter, the accused was arrested at Cheruvallur at 01.00 p.m. Ext.P13 arrest memo and Ext. P14 inspection memo evidences the same. The accused was then produced before the Taluk Headquarters Hospital, Ponnani and Ext.P3 Potency Certificate was obtained. Ext.P15 report was submitted before the court, incorporating the name of the accused and he was remanded on production before the Court. Steps were taken to get the scene plans prepared and also to record the statement of the child by the learned Magistrate in terms of section 25 of the POCSO Act. He also took measures to obtain Exhibit P7 School Admission Register from the l Darussalam English Medium Schoo , where the child was pursuing her education. After completion of the investigation, the PW15, the Circle Inspector of Police Ponnani, laid the final report before the court.

Evidence Tendered

4. To prove its case, the prosecution examined 15 witnesses as PWs 1 to 15, and through them Exts.P1 to P17 were exhibited and marked. MOs 1 to 3 were produced and identified. After the close of the prosecution evidence, the incriminating materials were put to the accused under Section 313(1)(b) of the Cr.P.C . He denied the circumstances and maintained that he was innocent. As there was no scope for acquitting the accused under Secti