Accused’s conviction upheld due to corroborative victim testimony and DNA evidence, demonstrating the sufficiency of evidence in sexual offense cases.

JUDGMENT :

I.A. No. 763 of 2025

1. This interlocutory application has been filed for suspension of sentence dated 22.08.2023 passed by learned Additional Judicial Commissioner-IV- cum- Special Judge- POCSO, Ranchi in connection with Special POCSO Case no. 16 of 2020 arising out of Bero P.S. Case No. 132/2019, by which the appellant has been sentenced and directed to undergo R.I. for 25 years with fine of Rs.15,000/- for the offence under Section 6 of the POCSO Act and in default of payment of fine, further S.I. for six (06) months.

2. It has been contended by the learned counsel appearing on behalf of the appellant that the appellant has been falsely been implicated in the present case and the F.I.R has been instituted after delay of two (2) days which would be evident from the prosecution version.

3. It has been contended that if the testimony of witnesses will be taken together, it would be evident that the prosecution version has not been said to be supported since there is contradiction in their testimonies.

4. While on the other hand, Mr. Saket Kumar, learned Additional Public Prosecutor appearing for the State has vehemently opposed the prayer for suspension of sentence and submitted that it is not a fit case for suspension of sentence.

5. We have heard learned counsel for the parties and gone through the finding recorded by the learned trial court in the impugned judgment as also the testimony available in the L.C.R. and other documents available on record particularly the SFSL Report.

6. It needs to refer herein that the victim was subjected to the sexual assault is aged about four (4) years.

7. It further appears that even the victim has been examined as PW-2 who has fully supported the prosecution version. It is evident from her statement that the appellant has taken her on allurement to give sweet, and committed wrong with her. She has testified that she was in pain and blood was also oozing from the private parts, in the meantime, her mother came then the accused fled away.

8. The Statement under Section 164 Cr.P.C of the victim has also been recorded wherein the prosecution version has been supported.

9. We have considered the DFSL Report. It is evident from report that panty worn by the victim at the time of occurrence and blood sample of accused Albis Tigga has been examined and on examination (Ext.3 and Ext.4)following conclusion has come which has been referred herein –

"(1) The DNA profile generated from the source of exhibit marked A is mixed DNA profile from a human female source of origin with partial DNA profile of from a human male source of origin.

(2) The DNA profile generated from the source of exhibit marked B is (3) Y-STR human male DNA profile generated from the source of exhibit marked A and exhibit marked B are from the same patrilineage."

10. Thus, it is evident from the said report that the semen of the accused found on the panty of the victim.

11. Further it is evident from the testimony of P.W.1/ informant wherein she has stated that accused Albis Tigga came towards her house and gone with her daughter on allurement of purchase of sweets but he was not returned then she started to search her victim/ daughter and gone towards the field and saw that blood was present on the cloth of victim and she started to scold to the accused then he was fled away.

12. Thus, the case of prosecution has fully been substantiated by the medical evidence as discussed herein above and considering the same, this Court is of the considered view that it is not a fit case where the sentence is to be suspended.

13. Accordingly, the instant interlocutory application being I.A