The reliability of a child's testimony in sexual assault cases is crucial, with strong emphasis on corroboration and proper investigative practices like identification parades.

JUDGMENT :

Gautam Chowdhary, J.

1. Heard Sri Shad Khan, learned Amicus Curiea for the appellant and Sri L. D. Rajbhar, learned A.G.A.-I for the State and perused the lower Court record.

2. The present appeal arises from the judgment and order dated 08.01.2021 passed by Shri Pawan Kumar Sharma, learned Additional Sessions Judge-IV/ Special Judge (POCSO) Act, Banda in Special Case No. 104 of 2018 ( State of U.P. Vs. Kallu Verma alias Arvind ), arising out of Case Crime No. 452 of 2018, under Sections 363 , 376 I.P.C. and Section 6 of Protection of Children From Sexual Offences Act, Police Station Kotwali Nagar, District Banda, whereby the accused-appellant has been convicted and awarded sentence under Section 6 of Protection of Children From Sexual Offences Act to undergo for rigorous imprisonment for life along with fine of Rs. 50,000/- and in default in payment of fine to further undergo for additional simple imprisonment of one year, and under Section 363 I.P.C. to undergo rigorous imprisonment of five years along with fine of Rs. 5,000/- and in default in payment of fine to further undergo for additional simple imprisonment of one month.

3. The F.I.R. emerges on a written report dated 06.07.2018, written and submitted by the informant ‘A’, who is the father of the minor child ‘B’ aged about 5 years. That written report was written and submitted by ‘A’ to the Station House Officer of Police Station Kotwali, District Banda. On that written report the First Information Report came to be lodged on the same day as Case Crime No. 452 of 2018, under Sections 363 , 376 I.P.C. and Section 6 of Protection of Children From Sexual Offences Act, Police Station Kotwali Nagar, District Banda. According to the F.I.R., the informant ‘A’ was sleeping outside his house next to the road in the intervening night of 05/06.07.2018. At around 01:00 hours in the night he went inside his house to drink water. When he came out he saw, Kallu Verma (appellant) taking away his daughter aged about 5 years in his E-Rickshaw towards Attara. Some persons shouted that someone is running away with the young girl in E-Rickshaw. They tried to chase him but failed. When the informant ‘A’ and other persons reached near Shukla Dhaba at Beni Purwa Crossing, they found that E-Rickshaw was standing there. When they steps ahead in an agricultural field they found Kallu was standing and his daughter in blood was crying. He committed rape on his daughter. When they reached he ran away from there.

4. After lodging of the F.I.R., the Investigating Officer recovered the clothes (panty) of the victim and prepared Recovery Memo. She was medically examined. Thereafter, investigation was conducted. During the course of investigation the statement of the victim ‘B’ under Section 164 Cr.P.C. was recorded. After investigation the charge sheet was filed in the matter. Whereafter charges were framed against the appellant on 03.07.2019. The appellant denied his accusation and demanded trial.

5. During the course of trial following documentary evidences have been adduced by the prosecution:

(i) Statement of the victim ‘B’ recorded under Section 164 Cr.P.C. dated 21.07.2018 (Ex.Ka.-1); (ii) Written report dated 06.07.2018 (Ex.Ka.-2); (iii) Recovery Memo of clothes of victim dated 06.07.2018 (Ex.Ka.-3); (iv) Medical Examination Report of the victim dated 06.07.2018 (Ex.Ka.-4); (v) X-Ray Report of the victim (Ex.Ka.-5); (vi) Radiologial Report for age determination of the victim (Ex.Ka.-6); (vii) Charge sheet (Ex.Ka.-7); (viii) F.S.L. Report of