The credibility of evidence, especially DNA and FSL reports, is crucial for conviction, and when the prosecutrix turns hostile, corroborative evidence becomes essential.

JUDGMENT

Pankaj Bhandari, J. - Appellant has preferred this appeal aggrieved by Judgment and Order dated 14.07.2022 passed by Court of Special Judge, POCSO Act, 2012, Jaipur District, whereby appellant has been convicted for offence under Section 3/4 of the POCSO Act, in the alternative, Section 376 IPC and has been sentenced to life imprisonment with fine of Rs.80,000/-. In default of payment of fine, one year additional rigorous imprisonment. No sentence has been awarded under Section 376 IPC in view of the sentence awarded under Section 3/4 of the POCSO Act.

2. Succintly stated the facts of the case are that Nawab (PW-2) lodged a typed report at Police Station Dudu, District Jaipur on 09.08.2019 at 16.54 hrs. about the incident alleged to have taken place on 07.08.2019. It was alleged in the report that complainant’s sister-Hurram was kidnapped by Babulal Jat and his companions from under the Dudu bridge after administrating some intoxicating material. She was forcibly taken in a vehicle and Babulal Jat committed rape with her at a lonely place by giving threat of her life. His companions also committed raped with her one by one after closing her in a room. It is mentioned in the report that the victim somehow ran away from the room and contacted the complainant after taking phone from the person passing from there and saved her life. All the persons ran away from the spot.

3. On receipt of the said report, FIR No.368/2019 for offences under Sections 363, 366, 376(D) IPC was registered and investigation commenced. Prosecutrix refused for her medical examination and stated that she did not receive any injury. After completing the investigation, police filed challan for offence under Sections 363, 366, 342, 376 IPC and Section 3/4 of POCSO Act against the appellant only. Trial Court framed charges against the appellant for the aforementioned offences. The prosecution produced as many as 12 witnesses and 24 documents were exhibited in support of its case. The accused-appellant was examined under Section 313 of Cr.P.C. In defence, evidence of DW-1 (Roshan Khan) was produced. After hearing the parties, learned trial Court vide impugned judgment and order dated 14.07.2022 convicted and sentenced the accused-appellant for hereinabove mentioned offences. Aggrieved by which, the present appeal has been preferred.

4. It is contended by counsel for the appellant that the learned trial Court has erred in convicting the appellant for the very reason that the prosecutrix who was a married lady turned hostile. It is also contended that the Court has based its conviction solely on the DNA report which only has corroborative value.

5. Learned counsel for the appellant has placed reliance on Manoj and Ors. Vs. State of Madhya Pradesh (Criminal Appeal Nos.248-250/2015) ’MANU/SC/0711/2022’, wherein Apex Court has held that DNA may be more useful for the purpose of investigation but not for raising in presumption of identity in Court of Law.

6. It is also contended by counsel for the appellant that the DNA report could not have been relied upon for the very reason that no entry except for Salwar and Motorcycle was made with regard to the deposit of articles in Malkhana. As per the evidence of PW-11 (Mahendra Kumar) who was the Malkhana incharge has stated that Salwar of the victim which was marked as ’Marka-A’ was deposited in the Malkhana and was entered at Serial No.640/19 on 09.08.2019. Thereafter on 16.09.2019, a motorcycle also was deposited in the Malkhana which was also entered in the Malkhana Register at serial No.675/19. Malkhana register (Ex.P-21 and P-22) were also produced before the Court. It is also contended that there is no mention about any other material or sample being deposited in the Malkhana. Thus, the FSL report loses its credibility.

7. Learned AGA has opposed the appeal. It is contended that the learned trial Court solely on the basis of DNA report has rightly come to the conclusion that the victim was raped by Babulal- presen