The court affirmed the conviction for aggravated penetrative sexual assault, highlighting the sufficiency of evidence on the victim's age and assault, while moderating the sentence from life imprisonment to 10 years in consideration of mitigating circumstances.

Per Radhakishan Agrawal, J. 1. In this appeal filed under Section 374(2) Cr.P.C., the appellant has challenged the legality, validity and propriety of the judgment of conviction and order of sentence dated 30.01.2020 passed by the Additional Sessions Judge / First F.T.S.C. (POCSO) Judge, Bilaspur, C.G. in Special Sessions Case No.401/2015, whereby and whereunder the appellant stands convicted for the offence under Section 376 of Indian Penal Code and Section 05(i) / 06 of Protection of Children from Sexual Offences Act , 2012 (for short, 'the POCSO Act') and considering the provisions of Section 42 of the POCSO Act, he has been convicted and sentenced as under:-

Conviction Sentence Under Section 6 of POCSO Act Imprisonment for life and fine of Rs.1,000/-, in default of payment of fine amount to undergo additional R.I. for one year.

2. Case of the prosecution, in brief, is that one year prior to lodging of FIR (Ex.P-1) on 08.11.2015, the present appellant committed aggravated penetrative sexual assault many times with the prosecutrix, aged about 16 years and thereby committed the aforesaid offence. Further case of the prosecution is that when the prosecutrix did not have food and was vomiting, her mother (PW-1) asked her daughter (prosecutrix), upon which, she told that the appellant, after enticing her and on false pretext of marriage, committed forcible sexual intercourse with her on many occasions.

Thereafter, on treatment being given, she came to know that her daughter (prosecutrix) is pregnant. Then, on 04.11.2015, she (PW-1) along with the prosecutrix (PW-4) went to the police station and lodged oral report against the appellant, on the basis of which, FIR (Ex.P-1) has been registered against the appellant for the offence under Section 376 (t) of IPC and Sections 03 & 04 of POCSO Act under Crime No.694/2015. 3. During course of investigation, spot map was prepared vide Ex.P-7. After obtaining permission from mother of the prosecutrix (PW-1) as well as prosecutrix (PW-4) vide Exs.P-2 & 3, the prosecutrix was sent for medical examination where Dr. M.S. (PW-8) conducted her examination and found that the prosecutrix was carrying pregnancy of eight weeks and opined that she is habitual to intercourse, referred the prosecutrix to Ultra Sonography to confirm the pregnancy and thereafter, she was referred to X-ray to determine the age of the prosecutrix and gave her report vide Ex.P-4. The accused/appellant was also sent for medical examination where Dr. V.M. (PW-10) examined the appellant and found that appellant was able to perform sexual intercourse and gave his report vide Ex.P-14. Vide Ex.P-13, a medical report was obtained from Dr. S.T. (PW-6), Radiologist, who opined that the age of the prosecutrix was between 14-16 years. Vide Ex.P-5, sonography report of prosecutrix (Article A-2) and class 6th progress report card (Article A-1) showing the date of birth of prosecutrix as 25.11.2002 were seized. Vide Ex.P-8 Dakhil Kharij Register of the prosecutrix was seized from Mission Higher Secondary School, Bilaspur and the copy of the same has been brought on record vide Ex.P-9C showing the date of birth of the prosecutrix as 25.11.2002. Vide Ex.P-15, appellant was arrested on 06.11.2015.

4. Statements of the witnesses were recorded under Section 161 of Cr.P.C. After due investigation, the appellant was charge-sheeted before the jurisdictional criminal Court and the case was committed