School certificate determines minor's age preferentially; POCSO conviction upheld on credible victim testimony despite delay, contradictions (unproved), negative medicals; presumption activated post foundational facts; IPC kidnapping sentence reduced.

JUDGMENT :

RAKESH KAINTHLA, J.

1. The present appeal is directed against the judgment dated 29.03.2022 passed by learned Special Judge, Fast Track Court (POCSO), Mandi, Himachal Pradesh, vide which the appellant (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 363 of the Indian Penal Code (IPC) and 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO). It has been asserted that the victim is the informant’s son. The informant had gone to a marriage on 14.02.2015. His wife told him after his return that the accused had sodomized the victim and his pants were blood-stained. Matter was reported to the police, and F.I.R. (Ex.PW13/A) was registered at the police station. Inspector Satish Kumar (PW19) conducted the investigation. He filed an application (Ex.PW19/A) for conducting the medical examination of the victim. Dr. Dinesh Kumar (PW16) conducted the victim’s medical examination and found no signs of external injury. He issued MLC (Ex. PW16/A). The informant produced the pants (Ex.PB), which were sealed in a parcel with a seal ‘SK’. Specimen seal (Ex. PW15/A) was taken on a separate piece of cloth, and it was handed over to Badri Dutt after its use. The parcel was seized vide seizure memo (Ex. PW10/B). The police arrested the accused. He identified the spot. A memo of identification (Ex.PW10/A) and site plan (Ex. PW19/B) were prepared. Inspector Satish Kumar took the photographs, which were transferred to a CD (Ex.PW19/C). An application (Ex.PW19/D) was filed for conducting the medical examination of the accused. MLC (Ex.PX) was issued. An application (Ex.PW6/A) was filed to obtain the birth certificate of the victim, and a certificate (Ex.PW6/B) was obtained showing his date of birth as 08.10.2000. An application (Ex. PW5/A) was filed to obtain a copy of the victim’s parivar register. Manohar Lal (PW5) issued a copy of the parivar register (Ex. PW5/B). Further investigation was conducted by SI Rajesh Kumar (PW18), who carried the victim to the spot. The victim identified the place. Memo of identification (Ex. PW9/A) and site plan (Ex.PW18/A) were prepared. SI Rajesh Kumar seized pine leaves from the spot and put them in a cloth parcel. He sealed the parcel with six seals of seal ‘R’. Sample seal (Ex. PW15/B) was taken on a separate piece of cloth, and the parcel was seized vide memo (Ex. PW9/C). The informant produced one undervest (Ex. P2) and underwear (Ex. P3), which were put in a cloth parcel (Ex. P1). Parcel was sealed with six seals of seal impression ‘R’. A sample seal was taken on a separate piece of cloth, and the parcel was seized vide memo (Ex. PW9/B). The photograph of the spot (Ex. PW3/A)