The importance of proving the prosecutrix's age and the need for corroboration in her statements to establish guilt beyond reasonable doubt.

JUDGMENT :

Satyendra Kumar Singh, J.

Appellants have preferred these appeals under Section 374(2) of the Code of Criminal Procedure, 1973(2 of 1974) [in short Cr.P.C.] being aggrieved by the judgment dated 10.05.2019 passed by the Court of II Additional Sessions Judge, Barwah, West Nimar (MP) in ST No.433/2016, whereby appellant- Hemendra Singh and appellant Ajay have been convicted and sentenced them as follows :-

2. The prosecution case in brief is as follows:

(i) on 05.12.2015 minor prosecutrix aged about 15 years made a complaint to the police to the effect that she and appellants- Hemendra and Ajay all are resident of same village- Mehgaon. About four months ago, appellant- Hemendra's wife Ritu who was prosecutrix's neighbour, called the prosecutrix at her house where appellant Ajay was already present, Ritu thereafter went from there closing the door of her house from outside and then appellant- Ajay forcefully committed sexual intercourse with the prosecutrix and threatened her, if she discloses about the incident to anyone, he will defame her. After about four days of the aforesaid incident, appellant- Hemendra called the prosecutrix and he also forcefully committed sexual intercourse with her and threatening her that he knew what appellant- Ajay did with her and he will disclose about the incident to everybody. Thereafter, appellant- Ajay again committed rape upon her for 3-4 times. About two days before, prosecutrix narrated the incident to her father and then came with him to Police Station Sanawad and made oral complaint against appellants and co-accused Ritu.

(ii) SI Mikita Chouhan on the basis of aforesaid complaint lodged FIR (Ex.P-1) against the appellants and co-accused Ritu at Police Station Sanawad, Khargone, recorded the statement of the prosecutrix as well as her parents. Vide letter (Ex.P-6), she sent the prosecutrix to Civil Hospital, Sanawad for medical examination where Dr. Hansa Patidar medically examined her and prepared MLC report (Ex.P-6). She collected and preserved prosecutrix's vaginal slide and sealed the same alongwith her pubic hair and under garments.

(iii) ASI Sanjeev Patil went to the place of incident and prepared spot map (Ex.P-3), seized the scholar register of Baba Ambedkar Mandir School, Bhogva Sipani with regard to age of the prosecutrix as per seizure memo (Ex.P-5). He arrested appellant Ajay as per arrest memo (Ex.P-7) and vide letter (Ex.P-8) sent him to Civil Hospital, Sanawad for medical examination where Dr. Abhishek Mukati examined him and prepared MLC report. He collected and preserved his semen slide and sealed the same alongwith his under garments.

(iv) ASI Dinesh Kushwaha arrested appellant Hemendra as per arrest memo (Ex.P-22) and recorded his memorandum statement (Ex.P-23) and on the basis of which seized a micromax mobile (Article-1) bearing Sim No.9977661912 as per seizure memo (Ex.P-24) and vide letter (Ex.P-25) sent him for medical examination. ASI Dinesh Kushwaha vide letter (Ex.P-27) sent all the seized articles for forensic examination. He obtained CDR of the call details of appellant Hemendra and after completion of investigation, filed the charge sheet before the Court of Judicial Magistrate First Class, Sanawad, who committed the case to the Court of Additional Sessions Judge, Barwah, West Nimar.

3. Learned trial Court considering the material prima-facie available on record framed charges u/S 376, 376(2)(I), 376(2)(N)(i), 342 of IPC and Section 3/4 and 5(L)/6 of the Protection of Children from Sexual Offences [in short 'POCSO Act'] against th