Conviction for rape under POCSO and IPC confirmed, victim's credible testimony and corroborating evidence outweighing defense arguments.

JUDGMENT :

S.K. SAHOO, J.

The appellant Bipin Bhoi faced trial in the Court of learned Addl. Sessions Judge-cum-Judge, Special Court (POCSO), Dhenkanal in C.T. (Spl.) POCSO Case No.11 of 2015 for commission of offences punishable under sections 376(2)(i) and 506 (Part-I) of the Indian Penal Code and section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereafter ‘POCSO Act’).

The learned trial Court vide impugned judgment and order dated 30.08.2018 found the appellant guilty of the offences charged and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs.25,000/- (rupees twenty five thousand), in default, to undergo further imprisonment for six months under section 6 of the POCSO Act and rigorous imprisonment for one year for the offence under section 506 (Part-I) of the Indian Penal Code and both the sentences were directed to run concurrently. No separate sentence was awarded for the offence under section 376(2)(i) of the Indian Penal Code in view of the provision under section 42 of the POCSO Act

2. The prosecution case, in short, is that on 05.04.2015 at about 10.00 a.m., the victim (P.W.1), who is a minor girl aged about twelve years had been to take bath to the nearby village tank and at that time, the appellant came there and lifted her to the Amari bush and there he made her lie down on the ground, removed her panti and committed rape on her. While leaving the place of occurrence, the appellant threatened the victim to kill her, if she would disclose the matter before anybody. While the victim was returning back home from the spot, the appellant was following her, but seeing the mother (P.W.2) of the victim, he fled away. The victim narrated about the occurrence before her mother.

P.W.2 disclosed the matter before her husband after he returned from his work and then they went to Tumusinga police station on the same day and at about 9.00 p.m., P.W.2 lodged the written report which was scribed by one Subas of village Pandua as per her instruction who read over and explained the report to P.W.2 and after she found it to be correct, she signed on the report.

P.W.15 Satyanarayan Pradhan, who was the Officer in-Charge of Tumusinga police station, on receipt of the written report from P.W.2, registered the same as F.I.R. (Ext.2) in Tumusingha P.S. Case No.29 dated 05.04.2015 under sections 376(2)(i) of the Indian Penal Code and 4 of the POCSO Act against the appellant. He took up investigation of the case and during course of investigation, he examined the informant (P.W.2), the victim (P.W.1) and recorded their statements. He proceeded to the village of the informant and examined other witnesses. He also proceeded to the spot but due to darkness at the spot, he returned back. On the next day of occurrence i.e. on 06.04.2015, the Investigating Officer seized the wearing apparels of the victim i.e. one blue, white and red mix colour nylon frock and one faded black colour panti as per seizure list vide Ext.4. He arrived at the spot on the next day and verified the same and prepared the spot map vide Ext.10. The victim was sent to S.D. Headquarters Hospital, Kamakhyanagar for medical examination and the vaginal swab of the victim was collected by the doctor and it was seized by the I.O. The statement of the victim under section 164 Cr.P.C. was recorded by the Magistrate on 07.04.2015. The appellant was arrested on 09.04.2015 and he was also sent for medical examination to S.D. Headquarters Hospital, Kamakhyanagar. The nail clippings, loose plucked hair, semen and wearing apparels of the appellant were seized as per the seizure list vide Ext.8 and the appel