The main legal point established in the judgment is the court's reliance on the victim's consistent testimony, corroborative evidence, and medical evidence to convict the appellant under Section 4 of the POCSO Act, 2012, and the court's commendation of the trial judge for awarding compensation to the victim.

JUDGMENT :

S.G. Chattopadhyay, J.

1. This appeal under Section 374(2) Cr.P.C. is directed against the judgment and order of conviction and sentence dated 27.06.2019 passed by the learned Special Judge, Dhalai Judicial District, Ambassa in case number (POCSO) 09 of 2016 whereby the convict appellant, Hiralal Roy @ Tinku was convicted and sentenced to rigorous imprisonment for 10 [ten] years and a fine of Rs. 15,000/- with default stipulation under Section 4 of the Protection of Children from Sexual Offences Act, 2012, in short, POCSO Act.

2. Victim's father [PW-2] lodged the written information to the Officer-in-Charge of Manu Police Station in Dhalai judicial district on 29.09.2015 at about 06.40 pm alleging inter alia that on 8th February, 2015 at about 10 o'clock in the morning, his 12 [twelve] years' old daughter [victim] went to the nearby river for taking bath. While she was returning home after taking bath, 24 [twenty four] years' old appellant caught hold of her daughter and dragged her into the jungle where he committed rape on her and framed a video of his overt act by his mobile. After the incidence, the appellant threatened the victim that in case she divulged the incidence to anybody, he would kill her and her parents. In fear of the appellant, the victim remained silent for a long period. After the obscene video was circulated by the appellant, the informant and his wife came to know about the occurrence from their neighbors. When they asked their victim daughter about the incidence, she shared the details with her parents.

3. Based on such information, Manu PS case number 021 of 2015 under Section 376(2)(i) read with Section 506, IPC and Section 4 of the POCSO Act, 2012, and Section 67B of the Information Technology Act, 2000, was registered against the appellant.

4. Initially, the investigation was taken up by Sri Babul Das [PW-14], Inspector of Police and Officer-in-charge of Manu Police Station. During his part of the investigation, he examined the victim and her parents and came to know from their statements that on the date of occurrence the victim had gone to the river nearby her home for taking bath and while she was returning home, the appellant, having found her alone committed rape on her in the nearby jungle. He also shot her nude photographs and recorded an obscene video of the rape scene and after committing the offence he threatened the victim that he would kill her and her parents if it is disclosed to anyone by her. After the father [PW-2] of the victim heard the people in his neighborhood whispering about the incidence, he made a query to his victim daughter. She, then, unfolded the entire incidence to her parents. The accused appellant came to be arrested from his house on 29.09.2015.

5. The statement of the victim [PW-3] was got recorded under Section 164(5) Cr.P.C. before the Sub-Divisional Judicial Magistrate at Kamalpur on 30.09.2015. Her statement is reproduced here under:

"About six to seven months ago, on a certain day in the morning at around 09-09.30 hours, I went to the river side for bathing. On completion of bathing, I was returning to my house. During that time Tinku suddenly appeared on my way and gagged my mouth with his handkerchief and forcibly took me towards the road side jungle. After that he committed rape upon me. He threatened me not to disclose the matter to anyone, else he would kill my parents like anything. After committing rape, Tinku took photograph of my naked body and also recorded the video with his mobile phone. In addition, subsequently on several occasions he made attempt to allure me by showing money of 500 notes and 1000 notes and asked me to go to the jungle of river side for sexual intercourse. On refusal he again caused threat to me that he would attack and kill my parents. While going to my school he frequently disturbed me and proposed me for further sexual intercourse. His original name is Hiralal Roy."

6. Sri Debasish Saha [PW-12] carried out the last part of