In sexual assault cases, the victim's testimony is highly reliable and does not require mandatory corroboration as a rule of law. When supported by medical and forensic evidence, such testimony is sufficient to sustain a conviction, particularly when the victim is a minor, necessitating a stringent judicial approach.

Judgment on Board

Per Ramesh Sinha, CJ

1. Today, the matter is listed for hearing on I.A.No.01/2023 application for suspension of sentence and grant of bail to the appellant. However, with the consent of learned counsel for the parties, the appeal itself is heard finally as the appellant is in jail since 13.03.2023.

2. The mother of the victim (PW-9) has appeared through DLSA, Kanker and objected for grant of bail to the appellant.

3. This criminal appeal arises out of the judgment of conviction and order of sentence dated 26.09.2023 passed by the Special Judge (Protection of Children from Sexual Offences Act 2012), Bhanupratappur in Special Criminal Case (POCSO Act) No.17/2023, whereby the appellant has been convicted for offence under Sections 450, 363 and 376AB of the Indian Penal Code (hereinafter called as “IPC”) and sentenced to undergo RI for ten years and fine of Rs.1000/-, in default of payment of fine to further undergo RI for two months, RI for seven years and fine of Rs.500/-, in default of payment of fine to further undergo RI for one month and RI for life till natural death and fine of Rs.10,000/-, in default of payment of fine to further undergo RI for six months.

4. The prosecution story, in brief, is that on 13.03.2023, the complainant (the victim's grandmother) appeared at Kachha police post and provided oral information stating that she was a resident of Duwa village and worked as a daily wage laborer. They owned two houses. On 12.03.2023, after dinner, the family went to sleep in their designated areas. She and her nine-year-old granddaughter slept on the edge of the veranda (shade), and her three-year-old granddaughter, PW-1, slept in the middle. The victim's parents had gone to sleep in their new house. Both exit doors to their house were locked from the inside. She woke up at 4:00 A.M. to go to the bathroom and noticed that her granddaughter was not in bed. She searched the house, both inside and outside, but could not find her. She then gathered her daughter-in-law, son and other family members and told them that her granddaughter, the victim, had slept with her and she was missing. All the members of her family gathered together and searched all the places in the house once again and also asked the victim’s parents who were sleeping in the new house, but the victim was nowhere to be found. Her granddaughter, the victim, is a 3-year-old girl, who has gone away somewhere without informing her. She fears that some unknown person has kidnapped her minor granddaughter, the victim.

5. On the basis of the above oral information of the complainant (grandmother of the victim), an unnumbered First Information Report (FIR) Ex.P.-7 was registered against an unknown person under Section 363 IPC under unnumbered crime number 0/2023 at Police Post Kachha and the case was taken into investigation. On appearing at Police Station Bhanupratappur for registration of numbered crime, FIR No. 34/2023 Ex.P.-39 was registered under Section 363 IPC and the case was taken into investigation. During the investigation, after the recovery of the victim, her statement was recorded by a female police officer and as per her statement, on prima facie the accused / appellant being found to have committed the said crime, after completing all the necessary formalities and investigation work related to the investigation, a case was registered against the accused / appellant u