The testimony of a child regarding sexual assault, if credible and consistent, does not require corroboration; penetration is defined under the POCSO Act, establishing grounds for conviction despite lack of visible injuries.

1. The present appeal under Section 415 (2) read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 1 (erstwhile Section 374 (2) read with Section 482 of the Code of Criminal Procedure, 1973 2) is directed against judgment of conviction dated 07th September, 2024 and order on sentence dated 06th November, 2024 passed by the ASJ-05 (POCSO) North-West, Delhi in SC No. 288/2018 titled “State v. Chand Miyan”. The said proceedings emanate from FIR No. 147/2018, registered at P.S. Alipur for the offences under Sections 342 , 366(A) and 377 of the Indian Penal Code, 18603 and Section 6 of the Protection of Children from Sexual Offences Act, 2010 .4

FACTUAL BACKGROUND

2. The case of the Prosecution, in brief, is as follows:

2.1. On 1st April, 2018, a complaint was lodged by the Prosecutrix, alleging that on the said day, at approximately 1:00 P.M., while she had gone to purchase daal, she was accosted by the Appellant, Chand Miya, who was her neighbour and engaged in kabaadi kaam (scrap dealing). He forcibly grabbed her and took her to a nearby godown. It is further alleged that he shut the door, forcibly grabbed the Prosecutrix and covered her mouth. He then removed his own lower garments as well as those of the Prosecutrix, made her lie face down on the floor, and attempted anal penetration, and everything got wet. The Prosecutrix attempted to flee; however, she was unable to do so as the Appellant had latched the door of the godown. Thereafter, the Appellant allegedly handed her a sum of ?10. The Prosecutrix rushed home and narrated the incident to her mother, who informed the police, leading to the registration of the FIR.

2.2. The Prosecutrix was taken to BSA Hospital, where her medical examination was conducted, and findings recorded vide MLC No. 749/2018. During examination, she reiterated her allegations. The MLC mentions mild redness on the labia majora and minora, with the hymen found intact. No redness or tear was observed in the perineal region.

2.3. During investigation, the statement of the Prosecutrix under Section 164 Cr.P.C . was recorded. She stated that the Appellant had taken her to the godown, bolted the door, removed her lower garments as well as his own, and committed anal penetration. She added that immediately thereafter, when the Appellant released her, she managed to unbolt the door by removing a brick and ran to her mother. Her mother thereafter went to confront the Appellant but he had absconded by then. She also clarified that there was no bleeding and that although she was not otherwise assaulted, she had sustained bruises in the assault.

2.4. Upon conclusion of investigation, chargesheet was filed before the concerned Court. Thereafter, vide order on charge dated 18th July, 2018, charges were framed against the Appellant under Sections 363/342/376(2) of the IPC and Section 6 of the PCOSO Act. The Appellant pleaded not guilty and clamed trial.

2.5. In support of their case, the Prosecution examined fourteen witnesses, comprising the Prosecutrix, her mother and her teacher, the investigating officers, the Appellant’s brother, and the forensic examiner. For clarity and ease of reference, the witnesses are summarised in the table below:

PW No.

Name / Description

Role / Deposition

PW-1

The Prosecutrix

Complainant; alleged sexual assault; statement under Section 164 CrPC.

PW-2

Teacher of the Prosecutrix

Produced school records; DOB: 1st October, 2010.

PW-3

ASI Narender Kumar

Posted at P.S. Alipur, received the PCR call, recorded DD entry 18A.

PW-4

HC Praveen

Deposited the samples with FSL Rohini.

PW-5

Mother of the Prosecutrix

Call