The credibility of the prosecutrix's testimony, corroborative evidence, and absence of gross infirmity in the evidence are crucial in establishing guilt under the relevant legal provisions.

JUDGMENT :

Sureshwar Thakur, J.

The instant appeal, is, directed by the convict/accused/appellant, against, the pronouncement made by the learned Special Judge, Kullu, District Kullu, H.P., upon, Sessions Trial No.136 of 2013, whereunder, he convicted, besides imposed consequent sentence, upon, the convict/accused/appellant, for his committing offences punishable under Sections 452, 363, 376/511 and 506 of the IPC, and, under Section 8 of the Protection of Children from Sexual Offences Act (hereinafter referred to as the “POCSO Act”).

2. The facts relevant to decide the instant case are that the prosecutrix was residing with her maternal grandmother (PW-4) in village Jindour, and, was studying in 5th class. On 26.6.2013, PW-4 and husband of PW-3 had gone to their field for night watch. Prosecutrix and her aunt (PW-3) were at home. At about 2.00 A.M in the night, when prosecutrix and her aunt were sleeping in a room, accused entered their room and lifted the prosecutrix by gagging her mouth and took her to his house situated at village Nangcha. PW-3, who had recently delivered a child and was having weak physic, tried to save the prosecutrix from the clutches of the accused, but she could not. Accused threatened PW-3 to do away with her life. Accused committed sexual assault and attempted to rape on the prosecutrix in his house. In the morning, PW-4, maternal grandmother of prosecutrix, came back from the field, to whom, PW-3 told that during the night, accused entered their house and took away the prosecutrix. Thereafter PW-4 went to the house of accused. She found the prosecutrix there and noticed that there were injuries on the body of prosecutrix and her “salwar” was also torn. Thereafter, PW-4 alongwith prosecutrix came to the police station and got FIR, Ex.PW4/A registered against the accused. Partial investigation of the case was conducted by PW-11, S.I. Firoj Khan, who sent the prosecutrix to the hospital for her medical examination through LC Saroj. Investigating officer also prepared spot map and recorded the statements of the witnesses. The prosecutrix was got medically examined from PW-5 Dr. Tanu Sharma. The doctor, on examination, found marks of violence on the person of prosecutrix and opined that there was no physical interference with the genitalia and then issued MLC Ex.PW5/B. However, prosecutrix was referred by PW-5 for x-ray examination and opinion for age estimation. During the course of investigating clothes of the prosecutrix were also taken into possession and sealed in a parcel. Thereafter, the police also completed other formalities with respect to the investigation.

3. On conclusion of the investigation, into the offences, allegedly committed by the accused, a report, under Section 173 of the Code of Criminal Procedure, was prepared, and, filed before the learned trial Court.

4. The accused/appellant herein stood charged, by the learned trial Court, for, his committing offences, punishable under Sections 452, 363, 376 read with Section 511, Section 506 of the IPC, and, under Section 8 read with Section 18 of the POCSO Act. In proof of the prosecution case, the prosecution examined 11 witnesses. On conclusion of recording, of, the prosecution evidence, the statement of the accused, under, Section 313 of the Code of Criminal Procedure, was, recorded by the learned trial Court, wherein, the accused claimed innocence, and, pleaded false implication in the case.

5. On an appraisal of the evidence on record, the learned trial Court, returned findings of conviction upon the accused/appellants herein, for theirs hence committing the aforesaid offences.

6. The appellant herein/accused, stand aggrieved, by the findings of conviction, recorded, by the learned trial Court. The learned counsel appearing, for, the appellant herein/accused, has concertedly and vigorously contended, qua the findings of conviction, recorded by the learned trial Court, standing not, based on a proper appreciation of the evidence on record, ra