IMPORTANT POINT
The court ruled that the victim's testimony, while significant, required corroboration due to doubts about its reliability, leading to the appellant's acquittal.

JUDGMENT :

(Ashwani Kumar Mishra, J.)

1. This criminal appeal is directed against the judgment and order dated 24.2.2018, passed by the learned Additional Sessions Judge/Court No.1, Pilibhit in Sessions Trial No.8 of 2015, arising out of Case Crime No.622 of 2015, under Sections 376(2)(f), 376(2)(n) IPC and 5/6 POCSO Act, Police Station Newriya, District Pilibhit; whereby the appellant Babu Ram has been convicted and sentenced to life imprisonment under Section 5/6 POCSO Act alongwith fine of Rs.10,000/-; sentenced to ten years rigorous imprisonment under Section 376(2)(f) IPC alongwith fine of Rs.10,000/-; sentenced to ten years rigorous imprisonment under Section 376(2)(n) IPC alongwith fine of Rs.10,000/-. In default of payment of fine to undergo one year additional imprisonment in all above sections. All the sentences are directed to run concurrently.

2. In the present case the first informant is the step-brother of victim, namely Sandeep (PW-2). He intimated the Incharge of Police Station Neoria, District Pilibhit that his father died several years ago. After death of his father his mother Smt. Somwati started living with the accused appellant Babu Ram and out of their union a daughter was born who is around 18 years of age (the victim). Smt. Somwati, biological mother of informant and victim died when the victim was only about a year and a half old. The victim is residing with her father Babu Ram (the accused). About five years back accused Babu Ram remarried a Bengali lady. Informant alleged in his written report (Ex.Ka.3) that for the last about one year the accused appellant Babu Ram has been sexually exploiting the victim and after she got fed up, the victim informed of it to him and also to his cousin Jagdish (s/o Ram Awtar). The victim also informed them that about ten days ago the accused appellant also committed rape on her sister. The contents of the information were incorporated in the general diary and the First Information Report came to be registered in the matter on 2.6.2015, being Case Crime No. 622 of 2015. Victim was medically examined and her statement under Section 161 and 164 Cr.P.C. was recorded on 3.6.2015. The victim stated before the Magistrate that her father Babu Ram has been establishing physical relations with her for the last one year and on her refusal she was threatened. This has continued for a year. Victim further asserted that she informed her travails to her brother (PW-2) since her mother had already died. In her statement to the Investigating Officer the victim informed that she got the report filed through her step-brother Sandeep (PW-2) and cousin Jagdish (not produced).

3. Victim was medically examined on 3.6.2015. The doctor opined that the victim was 14-15 years of age and thus a minor. No external or internal injuries were found on the victim. Victim’s hymen was found old torn. Vaginal slides were prepared but in the pathological report no live or dead spermatozoa was found. After conclusion of investigation the charge-sheet was submitted by the police in the matter on 11.7.2015. The Magistrate took cognizance of the charge-sheet and referred the matter to the Court of Sessions where it got registered as Sessions Trial No. 8 of 2015. The concerned court has charged the accused appellant of offence under Section 376(2)(f), 376(2)(n) IPC and 5/6 POCSO Act. The charges were read out to the accused on 14.9.2015, who denied the accusations and demanded trial.

4. Before we proceed further with the facts of the case we may place on record that on the previous occasion a direction was issued by us to inquire about the status and well-being of the victim. Learned AGA has produced a report from the concerned police station stating that the victim is already married with three children and is happily settled. Further details of the victim and her family or its composition is withheld to protect the identity and privacy of the victim.

5. At the stage of trial the prosecution has produced follow