The main legal point established in the judgment is the significance of other material evidence, such as medico-legal examination reports and FSL reports, in establishing the guilt of the accused in cases of sexual assault, even in the absence of a DNA test. The judgment also highlights the importance of the absence of smegma as a strong circumstance in establishing the innocence or guilt of the accused in cases of sexual assault.

JUDGMENT

Harinder Singh Sidhu, J. - This appeal is instituted against the judgment and order dated 06/07.03.2017 rendered by the Additional Sessions Judge/ Special Judge, Narnaul in Sessions Case No.04 of 2016 whereby the appellant, who was charged with and tried for offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (herein for short 'the Act'), has been convicted and sentenced to undergo rigorous imprisonment for a period of twelve years and to pay fine of Rs.10,000/- and in default to further undergo simple imprisonment for three years. He was also directed to pay compensation of Rs.50,000/- to the victim.

2. The case of the prosecution in a nutshell is that on 20.03.2016 at about 9.30 pm Jyoti wife of Raj Kumar resident of village Sehlang, P.S. Kanina accompanied by her husband, daughter- the victim and others came to the police station. Her statement was recorded in the presence of Legal Advisor Ajnesh Yadav. She stated that she has two children. Vipin (son) aged about 6 years is elder and the victim (daughter) aged about 2 1/4 years. That day at about 5.00 pm she was preparing for cooking the meals. She sent both her children to bring sugar from the shop in the village. Her son Vipin came back with sugar and disclosed that his sister had been caught hold of by 'Baba' whose name he disclosed as Dharmender @ Dholiya. She searched for her daughter but in vain. Her maternal nephew Moni went in search of her daughter and brought her home. She was stained with blood. She pacified her daughter and asked her as to what had happened. Her daughter pointed towards her private parts and stated that 'Baba' had beaten her there. She suspected that Dharmender @ Dholiya had committed some wrong act against her daughter. On the basis of her statement formal FIR under Section 4/ 6 of the POCSO Act was registered. The victim was got medico-legally examined. Statement of complainant Jyoti under Section 164 Cr.P.C. was got recorded. Dharmender @ Dholiya was arrested on 21.03.2016. He was got medico-legally examined. Scaled site plan of the place of occurrence was prepared. The samples collected during medicolegal examination of the victim as well as Dharmender were sent to FSL Madhuban. On completion of investigation, the report under Section 173 Cr.P.C. was prepared and furnished in Court.

3. The prosecution examined number of witnesses in its support. The statement of the accused under Section 313 Cr.P.C. was recorded. He denied the allegations levelled against him and pleaded innocence. However, he did not lead any evidence in his defence.

4. The appellant was convicted and sentenced as referred to above. Hence, this appeal.

5. We have heard learned counsel for the parties and have gone through the judgment and record.

6. Pw1 Lady ASI Sharda Devi stated that on 20.3.2016 she was posted in Women Police Station Narnaul. That day on receiving information from MHC Women PS Narnaul regarding wrongful act committed on a lady she along with LHC Sheetal, EHC Bimla reached Police Station Kanina where Jyoti wife of Raj Kumar mother of the victim was present. She recorded her statement in the presence of legal advisor Ajnesh Yadav. After recording the statement she recorded the formal FIR Ex.PW1/A and sent the special report through G-mail. As the lady Medical Officer CHC Kanina was not on duty she got the the medico- legal examination of the victim conducted by Lady doctor Nisha Yadav of GH Mohindergarh. After medical examination the doctor handed over the parcels of victim which were taken into possession vide memo Ex.PW1/D. Next day she visited the place of occurrence and on the pointing of mother of victim she prepared the rough sketch plan of the place where the rape was committed upon her daughter. On 25.03.2016 she moved an application Ex.PW1/F to JMIC Mohindergarh for recording of statement under Section 164 of Cr.P.C of prosecutrix's mother, i.e, Jyoti. She proved certified copy of statement Ex.PW