A minor's consistent and corroborated testimony can alone suffice for conviction in sexual offence cases under POCSO, even amid investigative lapses.

1. This is an appeal assailing the judgement and order dated 07.05.2022 passed by Learned Additional Sessions Judge, 2nd Court cum Special Court under POCSO Act, Krishnanagar, Nadia in connection with POCSO Case No. 105 of 20, whereby Learned Judge, found the appellant / accused guilty of committing offence under S.10 of the Protection of Children from Sexual Offence Act, 2012 (hereinafter referred to as POCSO Act) and sentenced him to suffer rigorous imprisonment for 5 years and to pay a fine of Rs. 5000/- in default of payment to suffer further simple imprisonment for six months.

2. Factual matrix of the case is that on 28.02.2020 at about 10.00 a.m. appellant / accused laid the victim, a student of class 3, on the floor of the school and forcibly committed rape upon her before the class was started. As a result, victim started shouting loudly and accused / appellant slapped her twice and fled away from this school. After the alleged incident victim was taken to Mira Bazaar Health Center where from she was referred to Krishnanagar District Hospital. Her paternal grant father lodged the complaint before officer in charge Kaliganj Police Station, Nadia.

3. On receipt of the said written complaint a case was registered as Kaliganj Police Station Case No. 105/20 dated 28.02.2020 under S.376AB read with S.6 of the POCSO Act. One Mr. Arijit Mohan Roy, then Sub Inspector of Police, took up investigation of this case. He visited place of occurrence prepared rough sketch map, examined victim and her grandfather, complainant and other witnesses and recorded statement under S.161 of the Code of Criminal procedure (hereinafter referred to as CrPC). Victim also gave statement under S.164 of the CrPC and also attended test identification parade. Wearing apparels of victim, birth certificate of victim and medical report were seized by the Investigating Officer. After completion of investigation charge sheet was submitted and cognizance was taken.

4. Ld. Judge, Special Court framed charge under S.376 AB of the Indian Penal Code (hereinafter referred to as IPC) read with S.6 of the POCSO Act against the accused / appellant on 07.01.2020.

5. In course of evidence 22 witnesses were examined as follows: -
Victim - PW1
Grandfather of victim - PW2
One Dinesh Ch. Roy - PW3
Golam Mustafa - PW4
Constable Subir Halder - PW5
Jayanta Biswas - PW6
Dr. Paulami Ray Chowdhury - PW7
(Attached to GDMO of Kaliganj Rural Hospital)
Prosen Biswas - PW8 (GDA staff of kaliganj BPHC)
Himangshu Sekhar Biswas - PW9 (Teacher in - charge of Primary School)
Mother of the victim - PW10
Lady Constable Indrani Biswas - PW11 (attached to Kaliganj Police Station)
Lady Constable Sefali Khatun - PW12 (attached to Kaliganj Police Station)
Father of victim - PW13
Dr. Bhabotosh Bhowmick - PW14 (MO attached to Nadia District Sadar Hospital)
Sub Inspector Nandita Halder - PW15 (attached to Krishnanagar Women Police Station)
Ld. Magistrate Sanghamitra Debnath - PW16 (Judicial Magistrate, 2nd Court, Krishnanagar)
Firoj Hossain - PW17 (Teacher of Primary School)
Anindita Das - PW18 (Staff Nurse of Nadia District Sadar Hospital)
Md. Ajmat Sekh - PW19 (Para teacher of Primary School)
Samiul Islam - PW20 (Chief Controller of Krishnanagar Correctional Home)
Sub Inspector Sanjib Karmakar - PW 21(the then Recording Officer attached to I.C of Mira ROP)
Sub Inspector Arijit Mohan Roy - PW22 (Investigating Officer of this case)

6. In course of their evidence a good number of documents were admitted in evide