The court upheld the conviction under POCSO, confirming that credible victim testimony and medical evidence sufficiently established the appellant's guilt in the sexual assault of a minor.

1. Heard Ms. Vikeshwari Jaya Gupta, learned counsel appearing for the appellant. Also heard Mr. R.K. Gupta, learned Additional Advocate General for the respondent / State and Mr. Satyendra Srivas, learned counsel for the Objector.
This criminal appeal filed by the appellant under S.374(2) of the Code of Criminal Procedure , 1973 (for short, 'CrPC') is directed against the impugned judgment of conviction and order of sentence dated 27/07/2021, passed by the learned Additional Sessions Judge / Second Fast Track Special Court, District:Raipur (C.G.) in Special Criminal POCSO Case No.79/2018, whereby the appellant / accused has been convicted for the offence and sentenced as under: -

All the sentences are directed to run concurrently.

Facts of the case, in brief, is that the mother of the victim lodged a report on 19/02/2018 at Police Station Aazad Chauk Raipur that, her daughter / victim aged 12 years 8 months, got sick and started vomiting, thereafter, she took her to Ekata Nursing Home, where the victim was admitted. On 10/02/2018 when the sonography of victim conducted, she came to know that the victim was six weeks pregnant. On 11/02/2018 at home, when her mother enquired from victim, she told that in the month of December 2017 when she was sleeping in her room alone and no one was at home, at that time, she woke up and saw that the appellant / accused who is the son of elder brother of her father was sleeping over the victim and pressing her body. When the victim opposed him, he assaulted her and by pressing her mouth unclothed the victim and committed forcefully sexual intercourse with her. The appellant / accused also threatened her with dire consequence, if she disclosed the incident to anyone.

Similarly in the month January 2018 the appellant further repeated the unwilling intercourse forcefully, as a result, she became pregnant. Thereafter, based on above facts, police registered an offence against the appellant. Spot map was prepared vide Ex.P / 1. Dakhil - Kharij register of the victim was seized vide Ex.P - 2 / C, in which, date of birth of victim is mentioned as 21.06.2005. The pregnancy of the victim was terminated on 23/02/2018. Therefore, the Director, State Forensic Science Laboratory found that there was no justification for conducting semen test on the seized victim's panties, genital slides and the underwear of appellant. After due investigation, the appellant was arrested vide Ex.P / 23. After completion of investigation, the charge - sheet was filed before the concerned Court for trial in accordance with law.

2. The trial court has framed charges against the appellant for the aforementioned offence and the appellant abjured his guilt and pleaded innocence.

3. In order to establish the charge against the appellant, the prosecution examined as many as 12 witnesses and exhibited 27 documents. The statement of the appellant under S.313 of CrPC was also recorded in which he denied the material appearing against him and stated that he is innocent and he has been falsely implicated in the case. Statement of DW - 1 and DW - 2 have been recorded in his defence.

4. After appreciation of evidence available on record, the learned trial Court has convicted the accused / appellant and sentenced him as mentioned in para 1 of the judgment. Hence, this appeal.

5. Learned counsel for the appellant submits that the appellant has been falsely implicated in the present case. She submits that the learned trial Court has failed to consider t