The need for credible and consistent evidence in cases involving sexual assault, and the requirements for raising statutory presumptions under the POCSO Act.

JUDGMENT

Kuldeep Tiwari, J. - The instant application, seeking grant of leave, is directed against the order of acquittal dated 31.07.2019 rendered by learned Additional Sessions Judge, (Exclusive Court for Heinous Crime against Women), Kurukshetra, whereby, the respondent has been acquitted from the charges framed against him, under Sections 363, 336-A of Indian Penal Code (hereinafter referred to as 'IPC'), Section 6 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act') and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC/ST Act'), in case FIR No. 190 dated 02.06.2018, registered at Police Station Ladwa, District Kurukshetra.

2. The present application, seeking leave to appeal, has been filed by the State of Haryana with the averments that the learned trial Court has not appreciated the statement of the prosecutrix (identity of the prosecutrix is withheld in terms of explanation attached to Section 33 (7) of POCSO Act) in its right perspective, and, that the statement of the prosecutrix is self sufficient to bring home the guilt of the respondent/accused. It has been further averred that the learned trial Court has not considered the vital aspect of statutory presumption, which existed against the respondent/accused, as prescribed under Sections 29 and 30 of the POCSO Act, therefore, onus was upon respondent/accused to prove his innocence beyond reasonable doubt. The learned counsel for the State specifically argued that the version of prosecutrix acquires corroboration from medical evidence as well as from statement of PW12, Bala Devi.

3. Before examining the legality of the order of acquittal, it is apt to first deal with the factual aspects of the present matter.

FACTUAL MATRIX

4. The prosecution agency was set into motion, upon a complaint (Ex. P35) being moved, on 02.06.2018, by the father of the prosecutrix, wherein, he stated that he belongs to Scheduled Caste and his younger daughter, aged about 17 years, has been enticed away by the respondent/accused, in the night of 31.05.2018, by alluring her, and, that the respondent/accused has abducted her. It was further stated therein that by doing the aforesaid act, the respondent/accused defamed his family and the people of Scheduled Caste in the society, and, he requested for legal action against the respondent/accused. Accordingly, on the basis of aforesaid complaint, the present FIR was registered under sections 363, 336-A of IPC and Section 3 of the SC/ST Act, at P.S. Ladwa, District Kurukshetra. The investigation was carried out thereupon. Thereafter, on 07.06.2018, the prosecutrix was recovered from the house of PW12, Bala Devi wife of Jaipal, resident of Village Manoharpur (Biharigarh), District Saharanpur, Uttar Pradesh, and she was brought back to P.S. Ladwa. On the next day, her statement was recorded before the learned Illaqa Magistrate. The prosecutrix, in her statement recorded before the Magistrate under Section 164 Cr.P.C., did not point any accusing finger at the respondent/accused, and, stated that she went to the respondent/accused in the night of 31.05.2018, out of her own volition. She further stated that she stayed with the respondent/accused for three hours, and, at about 03:30 a.m. the same night, when she was returning to her house, she found the gate of her house open, whereupon, she got anxious and returned to the respondent/accused and requested him to take her with him to save her life at the hands of her family members. It is apposite to reproduce the relevant extract of her statement (supra):-

'Stated that on 31.5.2018, I left from the house all alone in the night at about 12 o'clock. I went to Vishal on the same night. The house was in the neighborhood of his house and he was alone in that house. I stayed there for 3 hours and I returned to my house in the night itself at 03.30 o'clock. Then I saw that the gate of my house is opene