The testimony of a minor victim in sexual assault cases is sufficient for conviction if it inspires confidence, without the need for corroboration.

JUDGMENT

Ms. Nidhi Gupta, J.

CRM-30626-2019

This is an application under Section 5 of Limitation Act read with Section 482 Cr.P.C. for condonation of delay of 155 days in filing the appeal.

After going through the contents of the application, the same is allowed subject to all just exceptions and delay of 155 days in filing the present appeal is condoned.

Main Case

Present appeal has been filed against judgment and order of sentence dated 22.02.2019 passed by learned Sessions Judge, Faridabad, in case FIR No.877 dated 24.09.2017registered under Sections 376, 506, IPC and Section 6 of the POCSO Act at P.S. Saran, District Faridabad, whereby the appellant has been convicted as follows:-

2. Learned counsel for the appellant inter alia submits that the occurrence is alleged to have taken place on 18.09.2017. Six days later on 24.09.2017, a complaint for registration of case against the appellant was moved by PW-2 Pardeep Kumar Garg (father of alleged victim) before S.H.O. of P.S. Saran, Faridabad, alleging that his daughter (victim, age 12 years/DOB: 15.01.2005 as per school record) student of 7th class was upset from few days and when his wife asked the daughter about the same then she disclosed that the appellant dragged her to bathroom and he removed her lower (trouser) and also removed his own clothes and then he touched her private part with his own private part and further the appellant threatened her that in case she disclosed about the same to the parents then he will kill her and this incident has taken place thrice in a week.

3. Pursuant thereto, present FIR No.877 dated 24.09.2017,was registered under Sections 376, 506, IPC and Section 6 of the POCSO Act at P.S. Saran, District Faridabad. The statement of victim was also recorded by Legal Aid prosecution counsel but this witness was given up. The alleged victim was medico legally examined at Civil Hospital Faridabad but no mark of external injury was seen. On 22.11.2017, charges under Sections 376(2)(i)(n), 506 IPC and Section 6 of the POCSO Act were framed against the accused/appellant. Thereafter, trial commenced, and the following witnesses were examined: -

PW1: Prosecutrix - Age 12 years, student of 7th class, on the day of occurrence (Khushi Garg).

Pw2: Pardeep Kumar (complainant) - Moved an application Ex.PD upon which FIR Ex.PJ was registered. Declared hostile and did not support the case of prosecution as he said that his daughter told that one unknown person forcibly did all this. Accused present in the Court did not commit the above said act with my daughter and she did not disclose his name before us.

PW3: Dr. Rohit Gaur - Medico legally examined accused/appellant on 06.10.2017.

PW4: Dr. Pronita Ahlawat - Medico legally examined victim (aged 12 years) and prepared MLR (Ex.PF).

PW5: Constable Ajit Singh - Affidavit Ex.PW-5/A, tendered his duly sworn that he deposited the case property at FSL Madhuban.

PW6: SI Anoj Kumar (Draftsman) - prepared scaled site plan Ex.PG on 30.09.2017 on the direction and demarcation of SI Alpana.

PW7: HC Arvind Mohan (Posted as MM in Police Station) Case property was deposited with him in the Malkhana and later on he got deposited the same in FSL Bhondsi.

PW8: Avdesh Kumar (Physical teacher) AD Sr. Sec. School, Dabua Colony, Faridabad - Brought school record; victim was admitted in School on 20.05.2016 and as per record, her date of birth is 15.01.2005; copy of birth certificate submitted by parents at the time of admission is Ex.PH/2.

PW9: SI Alpana - Investigating Officer.

PWs Ms. Bhanu Priya (Legal Aid Counsel), Sh. Alok Anand (JMIC), Deepa (Director, RFSL Bhondsi), Meenu Sharma (CWC Member),