JUDGMENT :

W. Diengdoh, J.

1. On 15.11.2014 an F.I.R. was lodged by one Smt. Makdalin Khardewsaw of Nongspung-Nongkynjoin before the Officer-in-charge Nongstoin Police Station to the effect that a complaint was made against one Marbet Nongsiej of Nongspung who had raped her daughter (hereinafter known as victim) on 11.11.2014 at around 12.00 noon in the house of her cousin sister.

2. Taking cognizance of the said F.I.R., the police have accordingly registered a case being Nongstoin P.S. Case No. 163(11) 2014 under Section 3 (a)/4 of the POCSO Act, 2012, and accordingly investigation was launched.

3. The said Marbet Nongsiej was arrested by the police in connection with the said case and was forwarded to the Court of the District & Sessions Judge, West Khasi Hills District, Nongstoin.

4. The Investigating Officer after completion of the investigation has filed the charge-sheet being C.S. No. 18/15 dated 16.03.2015 under Section 3 (a)/4 of the POCSO Act, 2012.

5. Relating to the prosecution story in the charge-sheet, it is said that on 15.11.2014 a written report was received from the complainant alleging that the victim was raped by the accused Marbet Nongsiej when she was all alone in the house of the cousin sister where she was engaged for baby-sitting.

6. It is also said that the delay in reporting the incident was due to the fact that the victim was staying with her cousin sister and did not get the time to go home and inform the matter to her parents and moreover, she was threatened by the accused.

7. The I.O. has further stated that the statement of the complainant and the victim were recorded under Sections 161 and 164 Cr.P.C. and the statement of available witnesses were also recorded under Section 161 Cr.P.C.

8. The victim, being a minor was also medically examined at Civil Hospital, Nongstoin where the medical officer has opined that “Hymen ruptured with irregular margin, no fresh injury”. “Signs of recent sexual activity cannot be elicited as there are no signs of fresh injuries, minor or major on her private part or any part of her body”.

9. The I.O. has again noted that the accused during interrogation has admitted to have committed the offence though he stated that it was with the consent of the victim.

10. Finding that there exists a prima facie case under Section 3 (a)/4 of the POCSO Act, 2012 against the accused, the I.O. has sent the above named accused for trial before the Court.

11. Thereafter, on 09.09.2015 the learned Special Judge (POCSO) Nongstoin had framed charges against the accused under Section 3 (a)/4 of the POCSO Act, 2012 and after the same being read out and explained to the accused, he pleaded not guilty and claimed to be tried.

12. The prosecution then examined six witnesses including the victim as P.W.1, the complainant/informant as P.W. 2, Relative of the minor victim as P.W. 3, the Doctor as P.W.4 as well as Sub-Inspector as P.W. 5 and the I.O as P.W.6. In course of examination of the witnesses, five documents were exhibited and one paper-mark which is the proof of age of the minor victim was produced.

13. The statement of the accused under Section 313 Cr.P.C. was also recorded and no defence evidence was adduced by the accused.

14. The learned Special Judge, after hearing the argument of the prosecution as well as the defence counsel and also relying on the written arguments filed before the Court have accordingly passed the impugned judgment and order coming to a finding that the accused Shri. Marbet Nongsiej had committed penetrative sexual assault on the victim and is, therefore, guilty of committing an offen