The court affirmed that the consistent testimonies of minor victims are sufficient for conviction under the POCSO Act, emphasizing the importance of their accounts in sexual offence cases.

The appeal challenges the judgment and order dated 20/05/2020 passed in Special (POCSO) Case No.77/2018, thereby convicting the appellant for the offence punishable under Section 10(m) of the Protection of Children From Sexual Offences Act (hereinafter referred to as “POCSO Act” for short) and Section 354-A of the Indian Penal Code (I.P.C.).

02] The facts, which give rise to the present appeal, can be summarized as under :

Reena Anil Dhakde (PW-1), a mother of one of the victims, lodged the report before Police Station Frezarpura, Amravati alleging that on 10/03/2018 at about 12:00 noon, she along with her neighbour went to the hospital. When she returned from the hospital at about 03:00 p.m., the victim girls disclosed that the appellant touched their private parts at the house of one Bhagabai Kawre. Therefore, on her written complaint, Police Station Frezarpura registered the offences punishable under Sections 354 and 354-A of I.P.C. and Sections 8 and 12 of POCSO Act. Subsequently, during investigation, offences under Sections 376(2)(i) of I.P.C. and Sections 4, 6 and 10 of POCSO Act were added. The appellant was arrested and after completion of investigation, charge-sheet came to be filed against the appellant.

03] To prove its case, the prosecution examined six witnesses viz. Reena Anil Dhakde (PW-1), Victim Girls (PW-2 and PW-3), Ashok Namdeorao Tayade (PW-4), Jyoti Ramrao Balegave (PW-5) and Rajeshri Chandapure (PW-6), and also relied on various documents. After appreciating the evidence, the learned Sessions Judge by the impugned order convicted the appellant for the offence punishable under Sections 10(m) of the POCSO Act and sentenced him to suffer rigorous imprisonment for five years and to pay fine of Rs.5,000/-, in default of payment of fine, to suffer further simple imprisonment for three months. The appellant is also sentenced to suffer rigorous imprisonment for two years for the offence punishable under Section 354-A of I.P.C. and to pay fine of Rs.5,000/- in default of payment of fine, the appellant to suffer further rigorous imprisonment for one month. The appellant is acquitted of the offence punishable under Section 376(2)(i) of I.P.C. and Sections 4 and 6 of POCSO Act. Feeling aggrieved with the impugned judgment and order of conviction, the present appeal came to be filed.

04] It is contended on behalf of the learned Counsel for the appellant that the appellant has been falsely implicated in this case. According to him, the appellant was having relations with Bhagabai Kawre and, therefore, the appellant used to visit her house frequently, which was not liked by neighbour Reena (PW-1). On the day of alleged incident, just because the appellant slapped the victim girls, a false complaint has been lodged against the appellant. According to him, PW-1 has admitted in her cross-examination that she did not like frequent visits of the appellant in the house of Bhagabai. Taking help of the said admission, the learned Counsel for the appellant submits that to take revenge, a false case has been lodged against the appellant. According to him, the case put forth by the prosecution of molesting two girls at a time, does not appear to be probable. Hence, according to him, the learned Sessions Judge did not appreciate this aspect of the case and erroneously held the appellant guilty for the aforesaid offences. According to him, the trial Court did not appreciate the evidence on record in proper perspective and came to a wrong conclusion of holding the appellant guilty. Therefore, the findings of the trial Court do not consistent and liable to be set aside by acquitting the appellant.

05] Per contra, the learned Additional Public Prosecutor for the State vehemently submits that the evidences of the prosecution witnesses are consistent and corroborating each others. According to him, Section 29 of the POCSO Act permit to rely on the sole version of the victim girl. The victim girls have given details of the alleg