The reliability of the prosecutrix's testimony, supported by medical evidence and witness statements, was crucial in establishing the guilt of the accused.

JUDGMENT :

UMESH CHANDRA SHARMA, J.

1. We have heard Ms. Beena Mishra, the Amicus Curiae for the appellant and Sri Nagendra Kumar Srivastava the learned AGA for the State.

2. This jail appeal arises out of a judgment and order dated 21.12.2020 passed by the Special Judge POCSO Act/Additional District & Sessions Judge, Ghaziabad in Sessions Trial No.121 of 2015 (State of UP vs. Sonu Kanaujiya), arising out of Crime No.119 of 2015, Police Station Indirapuram, District Ghaziabad, convicting the appellant under Section 376 of IPC and Section 5 (f), (m)/6 of POCSO Act, 2012 and sentencing him to undergo imprisonment for life under Section 5 (f) (m)/6 of the POCSO Act, 2012, with a fine of Rs.1,00,000/-and, in default thereof, he was to undergo one year's additional simple sentence.

3. As per prosecution case, on 31.1.2015, FIR (Ex.Ka.1) was lodged by Satya Narayan Sharma, grandfather of the prosecutrix, alleging in it that the prosecutrix was studying in Paradise Play School, 120 Sector-1, Vaishali and on 31.1.2015, she informed him that she was feeling pain in her private part because of the fact that on 29.1.2015, accused appellant had inserted his finger in her private as a result of which, she had bled. The prosecutrix was immediately taken to Doctor, who had informed him that some foul play had been played with her private part. On the basis of this report, FIR under Sections 376 of IPC and Sections 3 & 4 of the POCSO Act, was registered against the accused appellant.

4. While framing charge, the trial Judge had framed charges against the appellant under Section 376 of IPC and Section 5 (f)&(m) & Section 6 of POCSO Act. Section 376 of IPC and Section 5(f)&(m) & 6 of the POCSO Act are being reproduced here as under:-

376. Punishment for rape:-(1) Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.

(2) Whoever,-

(a) being a police officer, commits rape –

(i) within the limits of the police station to which such police officer is appointed; or

(ii) in the premises of any station house; or

(iii) on a women in such police officer’s custody or in the custody of a police officer subordinate to such police officer; or

(b) being a public servant, commits rape on a woman in such public servant’s custody or in the custody of a public servant subordinate to such public servant; or

(c) being a member of the armed forces deployed in area by the Central or a State Government commits rape in such area; or

(d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women’s or children’s institution, commits rape on any inmate of such jail, remand home, place or institution; or

(e) being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or

(f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or

(g) commits rape during communal or sectarian violence; or

(h) commits rape on a woman knowing her to be pregnant; or

(j) commits rape, on a woman incapable of giving consent; or

(k) being in a position of control or dominance over a woman, commits rape on such woman; or

(l) commits rape on a woman suffering from mental or physical disability; or

(m) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or

(n) commits rape repeatedly on the same woman;

shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.

Section 5 (f) & (m) & Section 6 of POCSO Act:-

5. (f):-whoever being on the manag