(Per Hon’ble Siddhartha Sah, J.)

Present appeal is preferred against the judgment and order dated 13.01.2020 passed in Special Sessions Trial No. 120 of 2018, State v. Mohit Tyagi, by the Fast Track Court/Special Judge (POCSO)/Additional District and Sessions Judge, Dehradun. By it, the accused/appellant has been convicted under Sections 363, 377, 506 IPC and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012 (“the POCSO Act”) and has been sentenced to 20 years rigorous imprisonment with a fine of Rs. 10,000/- under Section 4(2) of the POCSO Act, 1 year rigorous imprisonment with a fine of Rs. 1,000/- under Section 363 IPC and 6 months rigorous imprisonment with a fine of 1,000/- under Section 506 IPC.

2. The prosecution case started on the basis of FIR, which was registered at Reporting Out Post Dakpatthar, Police Station Vikasnagar, District Dehradun at 23:30 hrs. on 15.08.2018 at the behest of the informant with the allegations that the informant’s minor son/ victim aged 13 years was returning home on 15.08.2018 at about 6:30 in the evening after tuition from Tons Colony, Dakpatthar. When his son reached near the house then the accused Mohit Tyagi son of Subhash Chand Tyagi R/o Tons Colony, Dakpatthar came from the front, who was on his bike Discover No.UA07L 4678 and he kidnapped his son forcibly by threatening him and made him sit on his motorcycle and took him near Shanti Dham, Dakpatthar, where Mohit Tyagi aforesaid forcibly made unnatural sexual relations with his son and left his son and went away threatening to kill his mother and father on telling anyone. On feeling pain in his anus, his son on coming home narrated the entire incident, therefore, it was requested that the report be registered and legal action be taken. The said FIR was initially registered as Chowki Silsila No.83/18 at Reporting Out Post Dakpatthar and then registered as Case Crime No.0371 of 2018 under Sections 363/377/506 of IPC and Section 3/4 of POCSO Act at Police Station Vikasnagar, District Dehradun.

3. On the basis of the aforesaid FIR, accused/appellant was arrested from the Dakpatthar Bus Stand on 16.08.2018 at 11:35 hrs. and arrest memo was also prepared.

4. In pursuance to the aforesaid FIR, the medico legal examination of the victim was conducted at CHC Vikasnagar on 16.08.2018 at 12:05 am. In the said medico legal examination report, the allegations as narrated in the FIR have been disclosed to the Medical Officer, who conducted the said medico legal examination and except tenderness in the anus of the victim, no other abnormality was detected in the said medical examination. In the course of the medical examination, T-shirt, baniyan, underwear, jeans and pant of the victim were collected and handed over to the concerning police by the Medical Officer. Also two anal swabs from the anus were collected. Blood sample of the victim was also collected during examination.

5. Upon arrest of the accused/applicant, the accused was also medically examined on 16.08.2018 at 1:30 pm by the Medical Officer C.H.C., Vikas Nagar, Dehradun. The alleged history of the medico legal report states - no history of chronic disease/medication/hospitalization/substance abuse- history of having taken bath and cloth change in the morning (16.08.18). The medico legal report of the accused specifically states- no scratch marks found on the body; (i) no abnormality on local examination; (ii) no smegma present on glans. The samples taken were:- (i)- Sample from Glans sent in sterile tube for DNA analysis; (ii)- Combed public hair sample sealed; (iii)- Cut pubic hair of accused sealed; (iv)- sealed undergarments.

6. On 16.08.2018, the Investigating Officer (referred to as I.O. hereinafter) took over the investigation and recorded the statements of the informant and also the statements of the victim. On 20.08.2018 at the pointing out of the victim, the place of incident was inspected and the site plan was prepared. On 20.08.2018, the statements of