The credibility of a victim's testimony under POCSO, despite the absence of physical injuries, may suffice for conviction without corroboration.

ORDER

Date : 29.05.2025 Heard Mr. A. K. Gupta, learned counsel appearing for the applicant. Also heard Mr. S. Nawaz, learned Amicus Curiae appearing for the respondent No.2 and Mr. P. S. Lahkar, learned Additional Public Prosecutor appearing for the State respondent.

2. This application is filed under Section 430(1) of BNSS, 2023 for suspension of the sentence passed by the learned Additional Sessions Judge Cum Special Judge, POCSO, Tinsukia in POCSO Case No.62/2022 vide judgment dated 18.12.2024, convicting the applicant under Section 10 of the Protection of Children from Sexual Offences Act, 2012 and sentencing thereby to undergo Rigorous Imprisonment for 5 (five) years and to pay a fine of Rs.10,000/- in default of payment of fine, Rigorous imprisonment for 4 (four) months. 3. By the aforesaid judgment and order dated 18.12.2024, the Additional Sessions Judge Cum Special Judge, POCSO, Tinsukia in POCSO Case No.62/2022, convicted the accused/applicant under Section 10 of the POCSO Act, and sentence the accused/applicant thereby.

4. Mr. A. K. Gupta, learned counsel for the accused/applicant submits that the conviction being solely based on the testimony of the victim girl, which is unbelievable in view of the medical report wherein no injury was found in her vagina, the judgment of the trial Court is palpably erroneous. He accordingly submits that the accused/applicant is likely to succeed in the present appeal and therefore the judgment and order of the trial court be suspended pending adjudication of the appeal and that the accused/applicant be released on bail.

5. Per contra, Mr. S. Nawaz, learned Amicus Curiae submits that a bare perusal of the judgment and order of the trial Court amply demonstrates that the victim girl has consistently maintained her version of the incident right from the initial stage of her statement before the Investigating Authorities till her deposition before the trial Court. He further submits that the trial Court having found testimony of the victim girl to be trustworthy and credible, no further material corroboration is required and a conviction can be based solely on such trustworthy and credible testimony of a victim girl.

6. Mr. P. S. Lahkar, learned Additional Public Prosecutor appearing for the State submits that in cases of POCSO especially, in a case of child victim, non existence of an injury mark in the medical report is not sufficient to disbelieve the victim’s version of the allegation that the accused/applicant had inserted his finger into her vagina when her testimony is of trustworthy and sterling quality. He further submits that the trial Court has analyzed the evidences in the proper perspective and has accordingly convicted the accused/applicant. He further submits that in cases arising out of POCSO, the general presumption of accused being innocent is not available to the accused/applicant, even at the pre-conviction stage. Hence, upon conviction being rendered the question of suspending such conviction does not rise.

7. I have heard the learned counsel appearing for both the parties and have perused the material available on record including the case records.

8. Reading of the judgment of the trial Court, it appears that the trial Court after scrutinizing the evidences, especially the evidence of the victim i.e. PW-3 has held that her stand as regards the accused/applicant inserting his finger into her vagina and pressing her breast remain consistent and firm throughout at all stages. It is further revealed from her statement that learned Magistrate recorded within brackets that the victim physically mimicked taking off her clothes and has pointed to her vagina and she mimicked by twisting her nipples while she stated about the material part of the prosecution story. In light of the aforesaid material, the trial Court has held her testimony to be credible.

9. Apt to refer to relevant paragraphs of trial Court, which are reproduced hereunder for ready reference:-

“21. In this case t