The court emphasized the importance of the victim's statement, age determination, and medical evidence in cases of sexual assault involving minors.

JUDGMENT :

This appeal is preferred by the appellant from Jail assailing the judgment and order dated 23/25.01.2019 passed by learned FTC/Additional Sessions Judge/Special Judge POCSO, Haridwar in Special Sessions Trial No.130 of 2017, whereby the learned trial court vide the impugned judgment and order has convicted and sentenced the accused–appellant as under:-

All the aforesaid sentences were directed to run concurrently and the period already spent in jail by the appellant was directed to be set off with the imprisonment so awarded. The learned Additional Sessions Judge awarded Rs.30,000/- as compensation to the victim.

2. The case of the prosecution starts with the lodging of an un-dated first information report (Ext.Ka-1) in Police Station Bahadrabad, District Haridwar wherein it was mentioned that the informant (PW1) was resident of Village Morna, Police Station Bhopa, Muzaffarnagar and appellant-Nakli, S/o Sri Mukanda of his own village resided in his neighborhood at Rawli Mehdood. It was stated by the informant that since both of them opened a tea shop at Nehar Patri, Bahadrabad during Kanwar festival, both were good friends. It was also stated that on 25.08.2017 at about 10 in the morning, appellant was going to Bahadrabad, informant sent his daughter aged about 13 years with him to bring an iron; appellant after taking his daughter fed her ‘Kadi Chawal’ at Bahadrabad Chowk and told his daughter that he had some work and took her to jungle near Nehar Patri where he committed wrong deeds (galat kaam) with her and threatened his daughter with life in case she narrated this incident to anyone. It was further stated by the informant that his daughter did not disclose the incident to him and on the date of FIR, she told her mother that Nakli had committed rape on her. The informant requested to register a report and to take the proper action.

3. On the basis of the aforesaid first information report, a chick FIR (Ext.Ka-8) was registered in Police Station Bahadrabad, District Haridwar on 28.09.2017 at 00:45 hours and a Case Crime No.245 of 2017, under Sections 376, 506 IPC and Section 3/4 of the Protection of Children From Sexual Offences Act, 2012 was lodged against the appellant.

4. In the first information report, the date and time of the incident was recorded at 10:00 a.m. on 25.08.2017. After lodging of the first information report, the investigation ensued; the victim was medically examined at Chainrai District Women Hospital, Haridwar at 04:00 p.m. and medical examination report (Ext.Ka-6) was prepared by the Doctor. In the said report, the age of the victim, according to her mother, was recorded as 13 years. According to the medical officer, no injury was found either on the person or on the private parts of the victim. However, the hymen was found old torn and according to the Doctor, even after the supplementary report, no definite opinion about sexual assault could be given. According to the Doctor, final opinion could only be given after getting the reports of sample sent to the Forensic Science Laboratory for DNA analysis, and further the victim was directed to be referred to the CMO for age determination. However, from the record it is not reflected that any age determination test was conducted.

5. It is worth noticeable that the victim has given the description of the incident, which was noted by the Doctor with the endorsement put by the victim that “these statements are