The testimony of a victim in sexual assault cases can suffice for conviction if credible, supported by corroborative evidence.

JUDGMENT

(Made by the Hon’ble Chief Justice)

This Criminal Appeal is directed against the judgment and order dated 13.02.2023, passed by the Special Judge (POCSO), West Jaintia Hills District, Jowai in Special Sessions Case No.23 of 2021, by which the accused / Appellant herein was convicted by the Trial Court for the offence under Section 5(l)/6 of The Protection of Children from Sexual Offences Act, 2012 (in short „POCSO Act, 2012‟) and Section 506 IPC as follows:

The Trial Court held that the convict is entitled to the benefit of Section 428 Cr.P.C. and the period already undergone in prison was ordered to be set off. Aggrieved by the judgment and order of the Special Judge (POCSO), West Jaintia Hills District, Jowai, dated 13.02.2023, the Appellant has preferred this Criminal Appeal before this Court.

Brief Prosecution Case:

2. A complaint was lodged by the mother of the victim girl on 23.08.2021 before the officer-in-charge, Women Police Station, Jowai, West Jaintia Hills, stating that her daughter was raped by the accused on 22.08.2021. On receipt of the complaint, the officer-in-charge, Woman Police Station, Jowai registered a case vide Jowai PS Case No.91 (8) 2021 under Sections 3(a)/4 of the POCSO Act, 2012 read with Section 506 IPC and endorsed to one WPSI I. Kharpran for the conduct of further investigation.

3. After a thorough investigation, a Charge Sheet No.67 of 2021 dated 09.09.2021 under Section 5(1)/6 of the POCSO Act of 2012 r/w Section 506 IPC was laid and the Special Judge (POCSO) thereafter proceeded for trial and arguments after receipt of written arguments from the parties. The prosecution, in order to substantiate the commission of the offence against the accused, examined as many as 4 witnesses and marked 6 exhibits and Paper Mark-1 (Birth Certificate). The accused neither produced witnesses nor marked any document in support of his defence. Statement under Section 164 Cr.P.C. was obtained from the victim girl (P.W.2). The accused was questioned under Section 313 Cr.P.C. and he denied the charges levelled against him. The Trial Court, after analyzing the evidence let in by the prosecution, found the accused guilty of the offence under Section 5(l)/6 of the POCSO Act, 2012 and under Section 506 IPC and convicted him as stated supra.

4. Learned Senior Counsel for the appellant submitted that though the complaint was lodged in the name of the mother (P.W.1) of the victim girl (P.W.2), pursuant to her illiteracy, the Headman had written the complaint on her behalf without even explaining about the contents thereof. P.W.1 (Mother) deposed that the victim girl was working in a tea stall and as such, the age of the girl is highly doubtful, despite production of birth certificate to prove her date of birth as 26.02.2006. Learned Senior Counsel for the appellant further submitted that there were inconsistencies, contradictions and improvements in the evidences of P.Ws.1 & 2 and especially, the evidence of the victim girl does not inspire confidence in convicting the appellant. Even as per the evidence of the Doctor (P.W.3), there was no bleeding from the hymen during medical examination and was also not sure whether tear in the hymen was the recent one or the old. Thus, it can be inferred that the entire prosecution case was a cock and bull story with an intention to book the appellant under the POCSO Act, 2012. Learned Senior Counsel for the appellant also submitted that the chain of event had not been established by the prosecution beyond reasonable doubt, as the samples were not sent for DNA analysis for the reason that it had already e