The court affirmed that the solitary testimony of a minor victim can suffice for conviction if trustworthy, validated by corroborative evidence, emphasizing the legal definition of a child.

Per, Bibhu Datta Guru, J

17/07/2025

1. Heard Mr. Sangeet Kumar Kushwaha, learned counsel appearing for the appellant as well as Mr. Nitansh Jaiswal, learned Panel Lawyer appearing on behalf of the State/respondent.

2. This appeal is directed against the judgment of conviction and order of sentence dated 03.02.2025 passed by the Court of learned Additional Sessions Judge, F.T.S.C. (POCSO), Korba, District Korba, Chhattisgarh in Special Case (POCSO) No.32/2020 whereby the appellant has been convicted and sentenced as under:-

3. Case of the prosecution, in brief, is that mother of the prosecutrix had submitted a written complaint in Chowki- Rampur, Police Station Kotwali, Dist- Korba stating therein that on 30.11.2020, her minor daughter was missing who was aged about 14 years. On receiving the said complaint, a missing report was lodged and on the basis of suspicion that the victim was lured and taken away by one Alok Toppo, F.I.R was lodged against the accused at Chowki- Rampur, Police Satation Kotwali, District- Korba (C.G.) and the investigation were taken up.

4. During the investigation, Spot Map (Ex.P/3) was got prepared. Victim got medically examined. Accused was apprehended and statements of the witnesses including the victim was recorded by the police as well as before the Judicial Magistrate under Section 164 CrPC. Upon completion thereof, charge-sheet was submitted accordingly. After framing the charges against the accused/appellant, the charges were read out and explained to the appellant, he denied committing the crime and demanded trial.

5. In order to bring home the offence, the prosecution has examined 10 witnesses in its support. Statement of the accused/appellant under Section 313 Cr.P.C was recorded, wherein he has pleaded his innocence and false implication in the matter.

6. The trial Court after appreciating oral and documentary evidence available on record, by its judgment dated 03/02/2025 convicted and sentenced the appellant as mentioned in paragraph two of this judgment.

Hence, this appeal.

7. Learned counsel appearing for the appellant would submit that the statement of the victim is filled with contradictions and omissions, thus not worthy of being given credence. He further submits that the doctor has also not given any definite opinion about carnal intercourse. He further submits that conviction cannot be based on guesswork. He submits that victim is a child witness, thus, not to be believed in the absence of corroboration and prosecution story is filled with doubts, benefit whereof should be extended to the accused. Learned counsel further submits that the appellant has been falsely implicated in the present case. He would submit that the conviction against the appellant is bad in law and it is not supported by the evidence of the prosecution beyond reasonable doubt. He would submit that the medical report is not supported the version of the prosecution and without there being any evidence with regard to the age of the Victim, the conviction of the appellant is bad in the eyes of law.

8. Learned counsel appearing for the State, per contra, would submit that injury on the private part of the victim stands proved by the medical report. He would also submit that age of the victim being under 18 years, which is otherwise remains unchallenged during entire cross- examination, stands proved. He would further submits that the impugned judgment of conviction and order of sen