Victims of sexual crimes can be considered 'sterling witnesses' whose credible testimony, despite minor discrepancies, is sufficient for conviction under the POCSO Act.

JUDGMENT :

Bhaskar Raj Pradhan, J.

1. The appellant has suffered a conviction for repeatedly committing sexual assault on the victim under section 9(l) and for committing sexual assault being her guardian under section 9(n) of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act). He has also been convicted for committing rape repeatedly on the victim under section 376 (2) (n) of the Indian Penal Code, 1860 (IPC). He was sentenced to imprisonment for six years and fine of Rs.20,000/- under section 9(l) as well as under 9(n) of the POCSO Act. In default of payment of fine for the sentences the appellant was required to further undergo simple imprisonment for one year. The appellant was also sentenced to fifteen years of rigorous imprisonment and a fine of Rs.25,000/- for commission of offence under section 376 (2) (n) . In default he was to undergo simple imprisonment for one year. The learned Special Judge also recommended a payment of Rs.7 lakhs as compensation to the survivor under the Sikkim Compensation to Victims (or their Dependents) Scheme, 2021. The appellant has preferred this appeal challenging the conviction and sentences.

2. The introduction to the POCSO Act states that sexual offences against children are not adequately addressed by the existing laws. A large number of such offences are neither specifically provided for nor are they adequately penalised. Such offences against children need to be defined explicitly and countered through adequate penalties as an effective deterrence. The POCSO Act provides for protection of children for offences of sexual assault, sexual harassment and pornography with due regard for safeguarding the interest and well being of children.

3. Sexual exploitation and sexual abuse of children are heinous crimes and need to be effectively addressed.

Genesis of the prosecution

4. On 03.10.2023 the victim's friend (P.W.9) informed the teacher (P.W.1) about the disclosure made by the victim (P.W.7) to her. The teacher (P.W.1) informed the victim's class teacher (P.W.17) that the victim's friend (P.W.9) had reported about the victim being harassed by the appellant. This matter was then reported to the Principal's office. On the Principal's advice the teacher (P.W.1) and the class teacher (P.W.17) took the victim to the police station. The victim was unable to open up at the police station. The police therefore, advised them to take the victim to the one stop centre. At the one stop centre the victim revealed to the case worker (P.W.8) that she was being sexually assaulted by her paternal uncle and there was also history of forceful sexual penetration on her and further that the last incident of sexual assault took place on 29.09.2023. As the police were all engaged that day, the case worker (P.W.8) went to the police station and lodged the First Information Report (FIR) (exhibit P-10) on the next day i.e. 04.10.2023 against the appellant. On the same day the victim was examined by the Medical Officer (P.W.16). The victim discloses to her that she used to stay with the appellant and his children at Sxxxx (name redacted) since childhood. During her childhood the appellant used to touch her over her private parts, but since last two months he advised her to stay in a separate room which previously counted as sitting room/guest room and after this incident when she shifted he usually came to her room and touched her private part and even had sexual intercourse with her several times. The last sexual intercourse took place on 29.09.2023. The victim also informed her that there was pen