JUDGMENT :

Bhaskar Raj Pradhan, J.

1. The present Appeal by the State raises two important issues relating to a criminal prosecution under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act, 2012). The first issue raised is regarding the quality of the victim’s testimony. The second is regarding the quality of proof required to determine the age of a victim.

2. The State is aggrieved by the acquittal of the Respondents in a Sessions Trial Case against them. The first and the second Respondents were indicted for commission of gang penetrative sexual assault and penetrative sexual assault thereby making the victim (P.W.1) pregnant both amounting to aggravated penetrative sexual assaults under Section 5(g)/5(j)(ii) as well as for committing penetrative sexual assault under Section 3(a) of the (POCSO Act, 2012). In addition they also faced indictments for rape, criminal intimidation and wrongful confinement under Section 376-D/506/342 read with Section 34 of the Indian Penal Code, 1860 (IPC, 1860). The third Respondent was charged for committing aggravated penetrative sexual assault under Section 5(g) and for committing penetrative sexual assault as defined in Section 3(