A conviction for sexual assault on a minor is firmly established where the victim's testimony is consistent and credible, and is corroborated by conclusive forensic DNA analysis confirming the biological paternity of the accused regarding the pregnancy resulting from the assault.

GURVINDER SINGH GILL, J.

1. Appellant – Suresh assails judgment dated 23.01.2019 passed by learned Additional Sessions Judge, Rohtak, whereby the trial Court while holding him guilty of having committed offence punishable under Sections 376(2)(n) and 506 IPC as well as offence under Section 6 of the Protection of Children from Sexual Offence Act, 2012, sentenced the appellant as under:

2. The matter arises out of FIR No.42 dated 10.05.2017, registered at Police Station Women, Rohtak, under Section 506 IPC and Section 6 of the POCSO Act, at the instance of Kiran (complainant), wherein she alleged that she is a permanent resident of District Sita Mandi, Bihar, but is presently residing at Durga Colony, Rohtak and does the work of cleaning in various houses, whereas her husband works in a plywood factory. While her former husband had expired 5 years ago, Suresh is her second husband. The complainant stated that she has 4 children from her first husband including 3 girls. The complainant stated that her daughter (victim) aged about 10 years was carrying pregnancy of 5 months and upon enquiring from her daughter (victim), she disclosed that one day during winter when she was alone in the house, her father (Suresh) had raped her and had issued threat to her that in case she disclosed about the same to anyone, she would be killed and that even thereafter he had been committing rape upon her repeatedly whenever she was alone in the house.

3. Pursuant to lodging of formal FIR (Ex.P23) on the basis of aforesaid statement (Ex.P31) of Kiran, the victim was got medico legally examined. Statement of the victim (Ex.P48) was also got recorded in terms of Section 164 Cr.P.C. The accused was arrested. During the course of interrogation, his disclosure statement was also recorded. An application (Ex.P54) was moved to the Medical Superintendent, PGIMS, Rohtak for getting the pregnancy of the victim aborted and accordingly the pregnancy was terminated. The fetus was taken into possession and was later sent for DNA examination. As per the report of the DNA examination, accused Suresh was found to be biological father of the aborted fetus.

4. Upon conclusion of investigation, challan was presented against the accused on 25.07.2017 in the Court of Special Judge -cum- learned Additional Sessions Judge, Rohtak, where charges were framed against the accused on 11.08.2017 for offences punishable under Sections 376(2) & 506 IPC and Section 6 of the POCSO Act to which the accused pleaded not guilty and claimed trial.

5. The prosecution in order to establish its case examined as many as 26 PWs. The gist of their testimonies is being briefly referred to herein under:-

PW-1 Lady Constable Manisha stated that on 11.05.2017, she alongwith Constable Ashok had joined investigation with Inspector/SHO Garima and had taken the victim to General Hospital, Rohtak for her medico-legal examination and that the Doctor after medically examining the victim had handed over sealed parcels including one sealed parcel containing sample of blood of the victim, which were taken into possession vide recovery memo Ex.P1.

PW-2 Constable Ashok stated that on 11.05.2017, he had joined investigation with Inspector/SHO Garima and that after arresting the accused Suresh, they took him to General Hospital, Rohtak for his medico-legal examination. PW-2 further stated that the Doctor concerned after medically examining the accused had handed over copy of MLR as w