Victim testimony in sexual assault cases, when corroborated by medical evidence, holds substantial weight, and delay in reporting does not undermine credibility. Legal presumptions protect victims due to societal stigmas surrounding such cases.

Rakesh Kainthla, J.

The present appeal is directed against the judgment and order dated 25.09.2020, passed by the learned Additional District and Sessions Judge, Fast Track, Special Court, Solan, District Solan H.P. (learned Trial Court), vide which, the respondent (accused before the learned Trial Court) was convicted and sentenced as under:

(Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the accused before the learned Trial Court for the commission of offences punishable under Sections 376 , 506, 354A of the INDIAN PENAL CODE (in short ‘IPC’) and Sections 4 , 6, 10 and 12 of the Protection of Children from Sexual Offences Act (in short ‘POCSO Act’). It was asserted that the victim ‘B’ (name being withheld to protect her identity) was studying in class 8^th . The accused was a teacher in the school, where the victim was studying. The accused used to harass the victim. He would establish sexual relations with her and in case of her protest, he would threaten to kill her. The accused again repeated his acts on the 28^th of the previous month of the filing of the complaint. The matter was reported to the police through an application (Ext. PW3/A). FIR (Ext. PW11/A) was registered in the Police Station. Hari Bhagat Negi (PW17) conducted the investigation. He wrote an application (Ext. PW8/A) for conducting the medical examination of the victim ‘B’. Dr Supriya (PW8) conducted her medical examination and found that the possibility of sexual intercourse could not be ruled out. She preserved the samples and handed them over to the police official accompanying the victim. She issued the MLC (Ext. PW8/B). The victim identified the place, where she was sexually abused by the accused. The photographs (Ext. PW16/A1 to Ext. PW16/A3) were taken. Curtains (Ext. P2 and Ext. P3) were also seized. These were put in a cloth parcel (Ext. P1) and the parcel was sealed with six impressions of seal ‘A’. The parcel was seized vide memo (Ext. PW2/A). Sample seal ‘A’ (Ext. PW 17/A) was taken on a separate piece of cloth and the seal was handed over to Veena Devi (PW4) after the use. Hari Bhagat Negi (PW17) prepared the site plan (Ext. PW17/B). He arrested and searched the accused. Cell Phone (Ext. P8) was recovered during the search. An application (Ext. PW 14/A) was filed for conducting the medical examination of the accused. Dr Rajinder Negi (PW14) conducted his medical examination and found that there was nothing to suggest that the accused was incapable of having sexual intercourse. He preserved the samples and handed them over to the police official accompanying the accused. An application was filed for recording the statement of victim ‘B’ before the learned Judicial Magistrate, First Class, Arki, who recorded the statements (Ext. PW17/C and Ext. PW17