The reliability of the victim's testimony and medical evidence in cases of sexual offences, and the reasonableness of delay in filing the FIR due to the sensitive nature of such offences.

JUDGMENT :

Syed Aftab Husain Rizvi, J.

1. Heard Sri Ram Krishna Mishra, learned counsel for the appellant, and Ms. Mayuri Mehrotra & Sri Rahul Asthana, learned AGA for the State.

2. This criminal appeal has been filed against judgment and order dated 09.01.2020, passed by Special Judge (POCSO Act)/Additional Session Judge, Court No.8, Ghaziabad, in arising out of Case Crime No.927 of 2016 under Sections 376 I.P.C. and 5/6 of The Protection of Children From Sexual Offences Act, Police Station Kotwali, District Ghaziabad. The appellant has been convicted for the offences under Sections 376 I.P.C. and 5/6 of The Protection of Children From Sexual Offences Act and sentenced to undergo life imprisonment for the offence under Section 5/6 of The Protection of Children From Sexual Offences Act,2012 along with a fine of Rs.50,000/-. In default of payment of fine, to undergo six months simple imprisonment.

3. The F.I.R. of this case was registered on 29.12.2016 at 14.50 on the written information in which it is alleged that eight year old minor sister of the informant was sexually assaulted by Suresh at his residence house no. 424/G, Punjab Railway Colony on 25.12.2016. The victim used to live with informant who takes her care, but since last several days, she was living with her father at the aforesaid address. The victim was not feeling well since the incident. Today when, she met him, she disclosed the incident of sexual assault by Suresh with her, then the informant has come to lodge the report.

4. After registration of the F.I.R. investigation commenced and S.I. Rakesh Kumar (PW-5) recorded the statements of the informant, his wife and the victim. The victim was also sent for medical examination through lady constable Sonia. On the same date, the Investigating Officer inspected the place of occurrence, and prepared the site-plan. He also collected one bed-sheet and one legging (Payjamee) of the victim, and prepared its memo. The statement of the victim was also got recorded under Section 164 Cr.P.C. The Investigating Officer recorded statements of other witnesses, collected the medical reports, and concluding the investigation submitted the charge-sheet.

5. Special Judge (POCSO Act), Ghaziabad took the cognizance of the offence. Charges under Sections 376 I.P.C. and 5/6 of The Protection of Children From Sexual Offences Act were framed against the accused, which were denied by him and he claimed to be tried.

6. The prosecution has produced informant, PW-1, his wife PW-2 and the victim PW-4 as witnesses of fact. Three other witnesses, who are formal in nature, have also been produced. Eleven prosecution papers, exhibit Ka-1. to Ka-11, have been proved by the witnesses.

7. The incriminating evidence produced during trial was put to the accused while recording his statement under Section 313 Cr.P.C. The accused has denied the prosecution case, and has stated that he has not committed the offence, and has been falsely implicated. False statement has been given by the witnesses. The accused has further stated that one month before 25.12.2016, he removed the hut of the father of the victim, which was on the vacant land adjacent to the house of the accused, and due to this reason he has been falsely implicated. However, no evidence in defence has been produced by the accused.

8. The trial court, after hearing the arguments of both the parties, by the impugned judgment and order, upheld the accused-appellant guilty of the offence under Sections 376 I.P.C. and 5/6 of The Protection of Children From Sexual Offences Act, and has sentenced him as above.

9. Medical examination of the victim was conducted on 29.12.2016 at 10 p.m. by Dr Sushma Chandra, PW-3. According to her statement the victim was brought to her by lady constable Sonia, and she was accompanied by her brother and sister-in-law (Bhabhi). The medical condition of the victim was normal and she was fully conscious. Her height was 112 cm, and weight 26 kg. There was no mark of external injury