In cases of sexual assault against children, the testimony of the victim, if consistent and inherently reliable, is sufficient for conviction without require mandatory corroboration; once the prosecution establishes foundational facts, the presumption under Section 29 of the POCSO Act shifts the burden to the accused to rebut the charges.

JUDGMENT

1. The present appeal has been filed under Section 374 (2) of the Code of Criminal Procedure, 1973 (‘CrPC’) challenging the judgment on conviction dated 18.11.2023 (hereafter ‘the impugned judgment’) and order on sentence dated 11.01.2024 (hereafter ‘the impugned order on sentence’), passed by the learned Additional Sessions Judge, Tis Hazari Courts, Delhi, in SC No. 103/2017 (Old SC No. 39/2017) arising out of FIR No.732/2016, registered at Police Station Punjabi Bagh.

2. The learned Trial Court by the impugned judgment has convicted the appellant for the offences under Section 10 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’), Sections 354/354B of the Indian Penal Code, 1860 (‘IPC’), Section 18 of the POCSO Act read with Section 6 of the POCSO Act, Section 511 of the IPC read with Section 376 of the IPC as well as Section 506 of the IPC.

3. By the impugned order on sentence, the learned Trial Court sentenced the appellant as under:

a. to undergo rigorous imprisonment for a period of seven years and to pay a fine of ₹20,000/- for the offence under Section 10 of the POCSO Act, and in default of payment of fine, to undergo simple imprisonment for a period of 30 days;

b. to undergo rigorous imprisonment for a period of five years and to pay a fine of ₹20,000/- for the offence under Section 354 of the IPC, and in default of payment of fine, to undergo simple imprisonment for a period of 30 days;

c. to undergo rigorous imprisonment for a period of five years and to pay a fine of ₹20,000/- for the offence under Section 354B of the IPC, and in default of payment of fine, to undergo simple imprisonment for a period of 30 days;

d. to undergo rigorous imprisonment for a period of seven years and to pay a fine of ₹20,000/- for the offence under Section 18 of the POCSO Act read with Section 6 of the POCSO Act, and in default of payment of fine, to undergo simple imprisonment for a period of 30 days;

e. to undergo rigorous imprisonment for a period of seven years and to pay a fine of ₹20,000/- for the offence under Section 511 of the IPC read with Section 376 of the IPC, and in default of payment of fine, to undergo simple imprisonment for a period of 30 days; and

f. to undergo simple imprisonment for a period of two years for the offence under Section 506 of the IPC.

4. It was also directed that all the sentences shall run concurrently.

5. The brief facts of the case are that on 22.12.2016, at around 8PM, when the victim ‘K’ (who was aged around seven years old at that time) was going to take a matchbox from the jhuggi of her landlord, the appellant dragged her in his room, closed her mouth and took off her jeans. It is alleged that the appellant touched the victim’s vagina and attempted to rape her by laying over her. It is alleged that at that point the victim’s brother came inside the room and asked the appellant as to what he was doing whereafter the appellant ran away from the spot. Pursuant to the complaint, FIR No.732/2016 was registered at Police Station Punjabi Bagh on 23.12.2016.

6. The victim supported the case of the prosecution in her statement under Section 164 of the CrPC.

7. Charges were framed against the appellant for offences under Section 10 of the POCSO Act, Sections 354/354B of the IPC, Section 18