The court affirmed that the victim's testimony in sexual assault cases is credible unless significant contradictions arise, emphasizing the importance of considering the broader context of evidence.

JUDGEMENT :

(SUSMITA PHUKAN KHAUND, J.)

1. This appeal is directed against the Judgment and Order dated 26.06.2020, passed by the learned Special Judge, Bilasipara in connection with Special (POCSO) case No. 11/2019, convicting Abdul Baten hereinafter referred to as the appellant under Section 4 of the Protection of Children from Sexual Offences Act, (POCSO Act for short) and sentencing him to undergo rigorous imprisonment (RI for short) for 7 years and to pay a fine of Rs. 5000/- with default stipulation and under Section 448 of the IPC and sentencing him to undergo R.I. for 2 months.

2. The genesis of the case was that the informant 'Y' and his wife are labourers working in 'Sagar Itabhata'. He along with his three children including the victim 'X' were residing as tenants in Abdul Sayed's house. On 25.02.2019, at about 2 p.m., the appellant with wrongful intention came to the informant's house at Haldibari and committed criminal trespass. Grabbing the opportunity of his and his wife's absence, the appellant paid 10 rupees to the informant's sons 'Z' and 'A', and sent them to a shop. Thereafter, the appellant Abdul Baten gagged the minor victim girl 'X' who was alone at home and committed rape on the victim. The accused Jul Hoque and Hazrat Ali confined the appellant and restrained the police from registering the FIR. This led to the delay in lodgment of the FIR. The Investigating Officer (I.O. in short) embarked upon the investigation. He recorded the statements of the witnesses and forwarded the victim for medical examination and for recording her statements under Section 164 of the Code of Criminal Procedure (Cr.PC for short). On completion of investigation, he submitted charge-sheet against the appellant. At the commencement of trial, a formal charge under Section 448 of the Indian Penal Code (IPC for short) read with Section 4 of the POCSO Act was framed, read over and explained to the appellant. The appellant abjured his guilt and claimed innocence.

3. To substantiate its stance, the prosecution adduced the evidence of 12 witnesses and the defense cross-examined some witnesses to refute the charges. Some witnesses were not cross-examined. The statement of the appellant was recorded under Section 313 of the Cr.PC and his answers depicts a plea of total denial. The appellant did not tender any evidence in defense.

4. Learned Trial Court delineated the following points to decide this case :-

POINTS FOR DETERMINATION
“(I) Whether accused on 25-02-2019 at about 02.00 P.M at village Haldhibari under Chapar police station, committed criminal trespass by entering into the house of informant with intent to commit sexual assault on 'x' and thereby committed offence u/s 448 I.P.C.?
(II)Whether accused on 25-02-2019 at about 02.00 P.M at village Haldhibari under Chapar police station, committed penetrative sexual assault on 'x', aged about 11 years old and thereby committed offence u/s 4 of POCSO Act?”

5. Now the question that falls for consideration is that whether the learned Trial Court has erred in convicting the appellant.

6. To decide this case in its proper perspective, the evidence is reappreciated.

7. The informant 'Y' deposed as PW-2 that the victim 'X' is his daughter and the incident occurred about 4 months back. They used to reside in a rented house near the brick kiln, as he used to work in the Sagar Brick Kiln at Haldibari. On the fateful day, while he was working in the brick kiln, his wife brought him food. At about 3 p.m., his son 'Z' came and informed him that the appellant molested his daughter. He along with his wife immediately rushed back towards their house, but the appellant was not present in their house. Their daughter 'X' informed them that the appellant asked for water, and after drinking water, the appellant committed bad act (sexual assault) on her. The informant further deposed that he solicited a Bichar (Meeting) in the village but, no Bichar was held. He then lodged the FIR, Ext-1 and he has proved his signa