The main legal point established in the judgment is the requirement of conclusive evidence to prove charges beyond a reasonable doubt.

SURESHWAR THAKUR, J.

1. The instant appeal is directed against the impugned verdict, as made on 22.9.2022, upon Sessions Case No. 126 of 2022, by the learned Additional Sessions Judge (Fast Track Special Court to try the offences of rape and under POCSO Act), Kurukshetra, wherethrough in respect of charges drawn against the accused qua offences punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘the POCSO Act), and, under Section 506 of the IPC, thus the learned trial Judge concerned, proceeded to record a finding of conviction against appellant-convict. Moreover, through a separate sentencing order, drawn on 26.9.2022, the learned trial Judge concerned, sentenced the appellant-convict to undergo rigorous imprisonment for a period of twenty years, thus for an offence punishable under Section 4(2) of the POCSO Act, besides also imposed, upon the appellant-convict sentence of fine, as comprised in a sum of Rs. 25,000/-, and, in default of payment of fine amount, he sentenced the convict to undergo rigorous imprisonment for a period of nine months.

2. The accused-convict becomes aggrieved from the above drawn verdict of conviction, besides also, becomes aggrieved from the consequent thereto sentence(s) of imprisonment, and, of fine as became imposed, upon him, by the learned convicting Court concerned, and, hence has chosen to institute thereagainst the instant criminal appeal, before this Court.

Factual Background

3. The genesis of the prosecution case becomes embodied in the appeal FIR, to which Ex. P-11 is assigned. The narrations carried in Ex. P-11 are, that on 11.9.2020, the complainant 'N' elder brother of victim (names of complainant as well as victim withheld to hide their identities in terms of explanation attached to Section 33 (7) of POCSO Act, 2012) moved a complaint alleging that they are three brothers. He is the eldest one. His younger brother 'V' is 14 years old. Today at around 9:00 P.M., his brother/victim 'V' returned home crying and he inquired the reason from him qua the same. Then he told him. that at around 7:30 P.M., he was playing outside their house near the Government school. At around 8:00 PM. Goldy son of Raghbir Singh, resident of Majri Mohalla, Shahabad came to him and enticed him away. And. took him in the bathroom of the said school. There, he sodomized/committed wrong act with him. He also threatened that if he discloses about the same to anybody, he will kill him. Previously also, on many occasions the accused has committed wrong acts with him, but due to fear he did not disclose about the same to anybody. On the basis of this complaint, the appeal FIR was registered.

Investigation proceedings

4. During investigation, rough site plan of place of occurrence was prepared. The complainant produced the birth certificate of victim, which was taken into police possession. The medical-examination of the victim was got conducted and his samples were taken into police possession. The statement of victim under Section 164 Cr.P.C was got recorded. The samples of the victim as well as accused were sent to FSL Madhuban. The birth certificate of the victim was got verified from the concerned authority. After conclusion of investigations, the investigating officer concerned, proceeded to institute a report under Section 173 of the Cr.P.C., before the learned Court concerned.

Trial Proceedings

5. The learned trial Judge concerned, after receiving the case for trial, made an objective analysis of the incriminatory material, adduced before him. Resultantly, he proceeded to draw a charge against accused, for the offences punishable under Section 6 of the POCSO Act, and, under Section 506 of the IPC. The afore drawn charge was put to the accused, to which he pleaded not guilty, and, claimed trial.

6. In proof of its case, the prosecution examined 14 witnesses, and, thereafter th