The court upheld the conviction for aggravated penetrative sexual assault on a minor, confirming that the victim's credible testimony, supported by medical evidence, proved the accused's guilt beyond reasonable doubt.

JUDGMENT:-

1 ‘Little girls dance their way into your heart, whirling on the tips of angel wings, scattering gold dust & kisses in our paths’.

One such little girl, “X”, born on 9/6/2014 underwent a harrowing experience, barely 3 years five months, when she was sexually outraged by a man residing in her neighborhood whom she referred to as ‘uncle’, her friend’s father.

2 On 6/11/2017, in the afternoon hours, while she was playing with her siblings, with her mother just around, she was taken to the house by the accused and he fingered her, as a result she started bleeding. The little girl rushed to her mother and took off her panty and went to toilet. She was unable to pass urine and was touching her private part and shouting in pain and agony. The mother noticed blood coming out and when she inquired, the victim disclosed to her that it was Sanya’s father, the accused, who had put his finger in the place of urinating, which was paining.

3 Upon the said incident having taken place, Vijaylaxmi (PW 5) residing in the neighborhood was called by the complainant (PW 2) and was told that her daughter was having pain while urinating and was also told that it is the accused who had fingered her. The mother and daughter, both were crying and were told by PW 5 that the girl should be taken to the hospital or she can wait till the husband return.

In the night at 10.30 p.m, when husband of PW 2 returned home, the incident was narrated to him. The victim was taken to the family Doctor (PW 4) on the next day, who advised that she should be taken to ‘MAA’ hospital, but on being taken there, she was asked to be taken to Rajawadi Hospital. The parents were informed that they should first lodge a report and hence PW 2 approached the police station where the complaint was reduced into writing by API attached to Chembur Police Station (PW 8).

The victim was medically examined by PW 3 in Rajawadi hospital and the report of medico legal examination was prepared.

4 The above incident set the investigating machinery rolling and the girl was examined on the basis of the consent given for her medical examination by her mother and accordingly, PW 3, a Gynecologist attached to Rajawadi police station, examined the girl after noting down the history given by PW 2 and the medico legal examination report (Exhibit-19) was issued under her signature.

The spot panchnama was prepared, the birth certificate of the victim girl was obtained and the statement of the victim was recorded before the Metropolitan Magistrate, Kurla, Mumbai. The accused was arrested and on completion of investigation, the charge-sheet was filed.

The accused was charged of raping the victim girl, aged 4 years by penetrating his finger into the vagina, and thereby committing an offence punishable u/s.376(2) of IPC . He was also charged of committing offence of aggravated penetrative sexual assault punishable u/s.6 of the POCSO Act.

On pleading not guilty, he was subjected to trial in POCSO Special Case No.23/2018 before the Sessions Judge (POCSO) Greater Mumbai.

5 In order to establish the guilt of the accused, the prosecution examined eight witnesses. The victim girl came to be examined and when specifically questioned by the learned Judge about the act committed by Sanya’s father (accused), she answered that he put his finger in her private part. She also further stated that lot of blood came out, upon his act which was committed inside his house. She further deposed that she went home and narrated the incident to her mother and was taken for medical examination.

The victim testified that Sanya’s father reside next to her house though she could not identify the accused and she refused to identify him on the basis of his photograph affixed on the arrest panchnama.

5 The learned Judge recording the evidence thereby made the following noting:-

“Witness if of very tender age. She is giving answers after long time and she gave answers by coming near to me or in my ear. She was fiddling with the things on ta