Point of Law: Crime against women and Children - Penetrative sexual Assault - Conviction upheld - Offence of 'penetrative sexual assault' as defined under S. 3(b) of POCSO Act would be satisfied, if a person inserts his finger into vagina of any child, therefore act of appellant comes within same and as such he has been rightly found guilty by learned trial Court under S. 4 of POCSO Act.

JUDGMENT :

S.K. SAHOO, J.

After a few days, we will be celebrating 75th Independence Day with usual pride to mark our freedom from two hundred years of British rule. The father of nation Mohandas Karamchand Gandhi, who led Indian independence movement with great sons of soil like Jawaharlal Nehru, Sardar Vallabhbhai Patel, Bhagat Singh, Chandra Sekhar Azad, Subhas Chandra Bose and many more has once said, “India will be free when the women feel safe to walk in the streets of India in the midnight”. In spite of socio-economic development all corners, Bapuji’s dreams is still falling short of reality because the human race, which he loved so much, could not rise to the standard he set. The case at hand depicts the bitter experience of an innocent teen aged helpless victim girl while returning from school in the broad day light on the public road, when the vulture like appellant committed the most ghastliest crime known under the sky on her in presence of her minor sister.

The appellant Lilu @ Ashok Kumar Das Adhikari faced trial in the Court of learned Addl. Sessions Judge -cum-Special Judge, Balasore in Special Case No.649 of 2018 for commission of offences punishable under sections 341/376(2)(i) of the Indian Penal Code and section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereafter ‘POCSO Act’).

The learned trial Court vide impugned judgment and order dated 17.02.2018 while acquitting the appellant of the charge under section 376(2)(i) of the Indian Penal Code, found the appellant guilty under section 341 of the Indian Penal Code and 4 of the POCSO Act and sentenced him to undergo S.I. for a period of one month and to pay a fine of Rs.500/-(rupees five hundred), in default, to undergo S.I. for a period of seven days for the offence punishable under section 341 of the Indian Penal Code and R.I. for seven years and to pay a fine of Rs.5000/-(five thousand), in default, to undergo R.I. for a period of three months for the offence punishable under section 4 of the POCSO Act and both the sentences were directed to run concurrently.

2. The prosecution case, as per the F.I.R. lodged by one Kanakalata Barik (P.W.2), who is the aunt of the victim is that on 24.11.2016 at about 12.00 noon, when the victim, who was a student of Class-VII was returning home from the school in her bicycle along with her younger sister Kumari Sasmita Barik (P.W.5), aged about ten years, on the way the appellant wrongfully restrained the victim near a tank of village Renupada and dragged her to a nearby field and made her lie on the ground and committed rape on her. When the younger sister of the victim shouted, the co-villagers arrived at the scene of the occurrence for which the appellant left the place. The victim returned home crying and told about the occurrence before the informant. The father of the victim was staying in Coimbatore and engaged in some occupation to maintain his family and since the victim fell ill after the incident, it was not possible on the part of the informant to come to the police station to report the matter immediately. It is the further stated in the F.I.R. that the appellant is an unsocial and rowdy person and he is indulged in various criminal activities.

On the first information report presented by P.W.2 before the Inspector in-charge of Basta police station, Basta P.S. Case No.326 dated 25.11.2016 was registered under sections 341/376(2)(i) of the Indian Penal Code and section 4 of the POCSO Act.

3. Mr. Krushna Chandra Palei (P.W.2), who was the Inspector in-charge of Basta police station after registering the case, took up investigation. During course of investigation, he examined the informant and other witnesses including the victim, seized the wearing apparels of the victim under seizure list Ext.4. The victim was sent for medical examination to C.H.C., Basta where P.W.1 Dr. Manikratan Pradhan examined her and submitted the medical examination report (Ext.1). The I.O. visited the spot and prepared the