The conviction of the accused for sexual offences against a minor was upheld, emphasizing the credibility of the victim’s testimony and the evidentiary weight of medical reports in establishing guilt under POCSO.

JUDGMENT :

BALJINDER SINGH SANDHU, J.

1. The instant appeal is directed against the judgment dated 05.09.2019 passed by the learned Special Judge, Protection of Children from Sexual Offences Act, 2012 and the Commission for Protection of Child Rights Act, 2005 No.2, Ajmer (hereinafter referred to as 'the trial court') in Sessions Case No.195/2018 (189/2017) (CIS No.195/2018), whereby, the accused appellant-Dhanraj has been convicted and sentenced as follows:

2. The facts giving rise to the present appeal are that a written report (Ex.P/1) was submitted by the complainant Banna Lal (PW- 3) son of Chhotu Ji Keer on 07.12.2016 to the SHO, Police Station Kekri, Ajmer to the effect that on 05.12.2016, his wife Mathura and his two children, son aged about 11 years and the daughter (victim) aged about 5 years, had gone to the house of his aunt-in- law (Bhua Saas) for a programme. When he was at work, his wife called him and asked as to whether their daughter 'M' was with him. Upon his denial, it was informed by his wife that she is not traceable. Complainant reached the place and started searching for his daughter in the village along with Bhopal Singh and it was also announced through the Masjid and all the villagers started looking for the girl child. However, after some time, Prahlad Ji Khati and Kailash Ji Keer came to the house with the girl, wherein, his wife was there, who grabbed her and saw that the victim was bleeding from private parts. The victim was taken to the Hospital in Juniya, however, due to public embarrassment, they chose not to approach the police. His daughter informed him that she had gone with Devraj and Khushi and when she was returning after taking the toffee, one boy came to her and asked that he would buy her another toffee and took her towards Higher Secondary School side and took her into the bushes, removed her clothes and committed rape on her. When she tried to shout, her mouth was gagged and threaten to kill her. When her private parts started bleeding, the boy ran off leaving her in the bushes. Thereafter, he did not return and after some time, she saw a light, went there and found Prahlad, who took her to Kailash Keer's house and both of them, upon inquiring her father's name, brought her back to her house. It was further stated in the written report that the accused could not be traced.

3. On the basis of the written report, FIR No.848/2016 (Ex.P/3) was registered on 07.12.2016 at Police Kekri, District Ajmer against an unknown person for the offences under Section 3 76 IPC and Section 3 /4 of the POCSO Act and investigation commenced.

4. After conclusion of investigation, charge-sheet was filed against the accused and the learned Special Court framed the charges against the appellant for the offences under Sections 3 63 , 366A, 323 376, 376(2)(i)(j) IPC and Sections 3 /4 and 5(m)/6 of the POCSO Act.

5. On behalf of the prosecution, as many as 10 witnesses were examined and 21 documents were exhibited. Upon being questioned under