Ramesh Dewangan vs State Of Chhattisgarh on 22 April, 2026

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    Chattisgarh High Court

    Ramesh Dewangan vs State Of Chhattisgarh on 22 April, 2026

    Author: Ramesh Sinha

    Bench: Ramesh Sinha

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    MANPREET
    KAUR
                                                                       2026:CGHC:18372-DB
                                                                                       NAFR
    Digitally signed
    by MANPREET
    KAUR
    Date: 2026.04.23
    17:51:39 +0530
    
    
    
    
                                 HIGH COURT OF CHHATTISGARH AT BILASPUR
                                                CRA No. 487 of 2024
    
    
                       Ramesh Dewangan S/o. Moharlal Dewangan, Aged About 25 Years
                       R/o. Village Ucchdih Devallapara, Police Outpost Basdelyi, P.S. And
                       District Surajpur Chhattisgarh.
                                                                                ... Appellant(s)
                                                         versus
    
    
                       State Of Chhattisgarh Through Police Outpost Basdeyi, P.S. And District
                       Surajpur Chhattisgarh.
                                                                             ... Respondent(s)

    For Appellant(s) : Mr. Shishir Dixit, Advocate
    For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer

    Hon’ble Shri Ramesh Sinha, Chief Justice
    Hon’ble Shri Ravindra Kumar Agrawal, Judge
    Judgment on Board
    Per Ramesh Sinha, CJ
    22.04.2026

    SPONSORED

    1. This appeal arises out of the judgment of conviction and order of

    sentence dated 06.10.2023 passed by the Additional Sessions

    Judge, Fast Track Special Court Sujrapur, District- Surajpur (C.G.)

    in Special Sessions Case No. 42/2022, whereby the appellant has

    been convicted for offences as under:

    2

              Conviction                         Sentence
         Under Section 363 of     R.I. for 10 years and fine of Rs.1,000/-,
         the IPC.                 in default of payment of fine amount,
                                  additional R.I. for 06 months.
         Under Section 366 of     Imprisonment for life till natural death
         the IPC.                 and fine of Rs.2,000/-, in default of
                                  payment of fine amount, additional R.I.
                                  for 01 year.
         Under Section 376(3)     Imprisonment for life till natural death
         of the IPC.              and fine of Rs.2,000/-, in default of
                                  payment of fine additional R.I. for 01
                                  year.
         Under Section 342 of     Imprisonment for life till natural death
         the IPC                  and fine of Rs.1,000/-, in default of
                                  payment of fine additional R.I. for 06
                                  months.
         Under Section 6 of       Imprisonment for 20 years with fine
         POCSO Act                amount of Rs.200/-, in default of
                                  payment of fine additional R.I. for 06
                                  months.
    

    All the sentences were directed to run concurrently

    2. The prosecution case, in brief, is that the child victim lodged a

    written report (Ex.P/07) on 01.07.2022 at Police Outpost Basdei,

    Police Station Surajpur, against the accused. It was alleged

    therein that on 30.06.2022 at about 08:00 a.m., the child victim

    had gone to a nearby field for routine work, when the accused, on

    the pretext of marrying her, induced and took her to his house. It

    is further alleged that the accused wrongfully confined her and

    subjected her to repeated acts of sexual assault during the
    3

    intervening period. On the morning of 01.07.2022, upon search

    being made by her family members, the child victim was traced

    and brought back home, whereupon she disclosed the incident to

    them, leading to the lodging of the report.

    3. On the basis of the written report (Ex.P/07), an unnumbered First

    Information Report (Ex.P/08) was initially registered at Police

    Outpost Basdei against the accused for offences punishable

    under Sections 363, 366, 342, 376(3), 376(2)(d) of the Indian

    Penal Code and Section 6 of the Protection of Children from

    Sexual Offences Act, 2012. Subsequently, the matter was

    transferred to Police Station Surajpur, where a numbered FIR

    bearing Crime No. 296/2022 was registered. Upon completion of

    investigation and arrest of the accused, charge-sheet No.

    279/2022 came to be filed before the competent Court.

    4. The learned trial Court framed charges against the accused,

    namely Ramesh Dewangan, for offences punishable under

    Sections 363, 366, 376(3), and 342 of the Indian Penal Code,

    1860, along with Section 6 of the Protection of Children from

    Sexual Offences Act, 2012. The charges were read over and

    explained to the accused, who denied the same and claimed to be

    tried.

    5. In his statement recorded under Section 313 of the Code of

    Criminal Procedure, 1973, the accused denied all incriminating

    circumstances appearing against him in the prosecution evidence,
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    pleaded false implication, and stated that he would adduce

    evidence in defence. However, no evidence was led on behalf of

    the defence.

    6. In order to establish the charge against the appellant, the

    prosecution examined as many as 11 witnesses and exhibited the

    documents (Exs.P-1 to P-31). After appreciation of evidence

    available on record, the learned trial Court has convicted the

    accused/appellant and sentenced him as mentioned in para 1 of

    the judgment. Hence, this appeal.

    7. Mr. Shishir Dixit, learned counsel for the appellant submits that the

    impugned judgment of conviction and order of sentence passed

    by the learned trial Court is contrary to law and facts on record,

    and suffers from serious infirmities in appreciation of evidence. It

    is contended that the prosecution has failed to establish the guilt

    of the appellant beyond reasonable doubt, and the findings

    recorded by the trial Court are based on conjectures and surmises

    rather than cogent and reliable evidence. It is further submitted

    that the testimony of the victim does not inspire confidence and is

    not of such sterling quality as to warrant conviction in the absence

    of independent corroboration. Learned counsel also assails the

    prosecution case on the ground that the age of the victim has not

    been duly proved in accordance with law, inasmuch as no

    ossification test or other reliable documentary evidence has been

    brought on record to conclusively establish that she was a minor
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    at the time of the alleged incident, thereby rendering the

    applicability of the provisions of the Protection of Children from

    Sexual Offences Act, 2012 doubtful. It is further argued that

    material contradictions and inconsistencies in the prosecution

    evidence have not been properly appreciated by the trial Court.

    Lastly, it is submitted that the appellant reserves the liberty to

    raise additional grounds at the time of hearing, and in view of the

    aforesaid deficiencies, the conviction recorded against the

    appellant deserves to be set aside.

    8. On the other hand, learned counsel for the State opposes the

    submissions made by the learned counsel for the appellant and

    submits that the prosecution has proved its case beyond

    reasonable doubt and the victim (PW-3) has clearly deposed the

    conduct of the appellant in her statement recorded under Section

    164 CrPC and in the Court statement and the learned trial Court

    after considering the material available on record has rightly

    convicted and sentenced the appellant, in which no interference is

    called for.

    9. We have heard the learned counsel for the parties and perused

    the record with utmost circumspection.

    10. The issue that arises for consideration in the present appeal is

    whether the testimony of the victim/prosecutrix deserves

    acceptance and whether the prosecution has established the case

    of the appellant beyond reasonable doubt.

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    11. It is pertinent to observe that the question whether conviction of

    the accused can be based on the sole testimony of the victim in

    cases of sexual assault/rape is no longer res integra. The Hon’ble

    Supreme Court has dealt with the issue in a catena of judgments

    and has held that the sole testimony of the prosecutrix if found

    reliable can be the sole ground for convicting the accused and

    that the creditworthy testimony of the victim in cases of such

    nature deserves acceptance.

    12. The next issue that arises for consideration in the present appeal

    is whether the age of the victim on the date of commission of the

    offence concerned, was below 18 years of age.

    13. Regarding the age of the victim, the prosecution has relied upon

    both oral and documentary evidence. The Investigating Officer,

    Brijesh Kumar Yadav (PW-9), has deposed that upon production

    of the child victim on 01.07.2022, an attested copy of her Class

    VIII certificate (Article P-1) was seized vide seizure memo

    Ex.P/02. He has further stated that a requisition (Ex.P/13A) was

    sent to the Headmaster of Primary School Uchdih for furnishing

    relevant school records pertaining to the child victim.

    14. Sangeeta Dabe (PW-6), Head Teacher of Primary School Uchdih,

    has supported the prosecution case and deposed that, in

    response to the requisition, she produced the relevant school

    records, including the admission/mutation register, a certified copy

    of which is Ex.P/14C. As per the said record, the date of birth of
    7

    the child victim is recorded as 25.07.2006. The said record was

    seized vide seizure memo Ex.P/03, and the certificate issued by

    the school authority has been marked as Ex.P/15.

    15. It is true that during cross-examination, the said witness stated

    that she was not the author of the original entry in the register and

    could not specify the basis on which the date of birth had been

    recorded. However, such a statement, by itself, does not render

    the document inadmissible or unreliable, particularly when the

    register is maintained in the ordinary course of official duties and

    forms part of institutional records. The defence has not brought on

    record any material to discredit the authenticity of the said

    documents or to suggest any manipulation therein.

    16. At this juncture, it is apposite to note that Section 2(d) of the

    Protection of Children from Sexual Offences Act, 2012 defines a

    “child” as any person below the age of 18 years. Further, as per

    Section 94(2)(i) of the Juvenile Justice (Care and Protection of

    Children) Act, 2015, the date of birth certificate from the school

    first attended is to be treated as primary and reliable evidence for

    determination of age. The principles underlying the said provision

    have been consistently applied by courts for determining the age

    of a victim as well.

    17. In the present case, the school records, namely the admission

    register (Ex.P/14C), the certificate issued by the Headmaster

    (Ex.P/15), and the Class VIII certificate (Article P-1), consistently
    8

    reflect the date of birth of the child victim as 25.07.2006. These

    documents, being public documents maintained in the regular

    course of business, carry a presumption of correctness.

    Significantly, the defence has not produced any contrary evidence

    to rebut the same.

    18. In view of the aforesaid evidence, this Court finds no reason to

    discard the documentary proof of age relied upon by the

    prosecution. Accordingly, the date of birth of the child victim is

    held to be 25.07.2006. On the date of the incident, i.e.,

    30.06.2022, the child victim was aged about 15 years and 11

    months, thus clearly below 18 years of age.

    19. Consequently, it is held that the victim falls within the definition of

    “child” under Section 2(d) of the Protection of Children from

    Sexual Offences Act, 2012, and the provisions of the said Act

    have been rightly invoked by the learned trial Court.

    20. The next question that arises for determination in the present

    appeal is whether the accused, on 30.06.2022 at about 08:00

    a.m., at Village Uchchdih Devallapara, within the jurisdiction of

    Outpost Basdei, Police Station and District Surajpur (C.G.),

    enticed and took away the child victim, who was below 18 years

    of age, from the lawful custody of her guardian, and thereafter

    wrongfully confined her and subjected her to acts constituting

    aggravated penetrative sexual assault, as defined under the
    9

    relevant provisions of the Protection of Children from Sexual

    Offences Act, 2012.

    21. In this regard, before adverting to the appreciation of evidence, it

    is necessary to note that the present case pertains to offences

    under the Protection of Children from Sexual Offences Act, 2012.

    In such cases, Sections 29 and 30 of the said Act incorporate

    statutory presumptions regarding the commission of offence and

    existence of culpable mental state. Once the foundational facts

    are established by the prosecution, the burden shifts upon the

    accused to rebut the same by cogent evidence or by creating

    reasonable doubt in the prosecution case.

    22. The child victim (PW-3) is the star witness of the prosecution. She

    has deposed that she was acquainted with the accused prior to

    the incident. On the date of occurrence, while she had gone out

    for routine work in the vicinity of her house, the accused

    approached her, forcibly took her to his house, and wrongfully

    confined her therein. She has further stated that the accused

    subjected her to repeated acts of sexual assault during the

    intervening period and threatened her with dire consequences.

    She has categorically denied the suggestion that she had gone

    with the accused voluntarily.

    23. The witness has further proved her written report (Ex.P/07), on the

    basis of which the First Information Report (Ex.P/08) came to be

    registered. Her signatures on the said documents have been duly
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    identified. The version narrated by her in Court is consistent with

    the contents of the written report, thereby lending assurance to

    her testimony.

    24. During cross-examination, certain suggestions were put to the

    witness regarding the possibility of resistance and presence of

    nearby houses. The witness explained that she had attempted to

    resist the accused. Importantly, nothing material has been elicited

    in her cross-examination so as to discredit her version or to

    suggest that the allegations are false or motivated. Her testimony

    remains cogent, consistent, and trustworthy.

    25. Father of the victim (PW-1) has deposed that on the date of the

    incident, the child victim had gone out but did not return,

    whereafter he, along with other family members, searched for her.

    On the following morning, he came to know that she was present

    at the house of the accused. Upon reaching there, he found her

    confined and brought her back home.

    26. Though this witness did not fully support the prosecution version

    in Court and was declared hostile, he has admitted material facts

    regarding the absence of the child victim from home and her

    recovery from the house of the accused. These admissions lend

    corroboration to the prosecution case to that extent.

    27. Mother of the victim (PW-2) has similarly deposed that the child

    victim was missing for a considerable period and was

    subsequently found at the house of the accused. Though she did
    11

    not fully support the prosecution case and was declared hostile,

    her testimony corroborates the factum of the child victim being

    found at the accused’s house.

    28. Brother of the victim (PW-4) has stated that upon receiving

    information regarding the whereabouts of the child victim, he went

    to the house of the accused and brought her back. This witness

    was also declared hostile, however, his statement supports the

    prosecution case insofar as the presence of the child victim in the

    house of the accused is concerned.

    29. Medical Officer (PW-8) has deposed that on 01.07.2022, the child

    victim was medically examined, and her report (Ex.P/19) was

    prepared. The doctor has stated that the hymen was found

    ruptured and samples were collected for forensic examination. No

    external injuries were found.

    30. The absence of external injuries does not negate the prosecution

    case, particularly in cases involving a minor, where resistance

    may be minimal or overpowered.

    31. Medical Officer (PW-7) has proved the medical examination report

    of the accused (Ex.P/18), wherein it is opined that the accused

    was capable of performing sexual intercourse.

    32. Investigating Officer (PW-9) has proved the entire course of

    investigation. He has deposed regarding:

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    * Seizure of written report (Ex.P/07) and registration of FIR
    (Ex.P/08)

    * Seizure of school documents (Ex.P/02, Ex.P/03)

    * Sending requisitions for medical examination (Ex.P/20,
    Ex.P/21)

    * Seizure of articles and forwarding them for forensic
    examination (Ex.P/22, Ex.P/23)

    * Receipt of FSL report (Ex.P/31)

    His testimony remains unshaken in cross-examination.

    33. The FSL report (Ex.P/31) reveals the presence of human sperm

    on the vaginal slide of the child victim. This scientific evidence

    provides strong corroboration to the testimony of the child victim

    regarding sexual assault.

    34. Though PW-1, PW-2, and PW-4 were declared hostile, it is settled

    law that the testimony of a hostile witness is not to be rejected in

    totality. Their evidence can be relied upon to the extent it supports

    the prosecution case. In the present case, their statements

    corroborate the presence and recovery of the child victim from the

    house of the accused.

    35. In view of the credible testimony of PW-3 (child victim), duly

    corroborated by medical evidence (Ex.P/19) and scientific

    evidence (Ex.P/31), the foundational facts stand established.

    Consequently, the presumption under Sections 29 and 30 of the

    POCSO Act operates against the accused.

    13

    36. The accused has failed to rebut the said presumption. No defence

    evidence has been led, and no plausible explanation has been

    offered in his statement under Section 313 CrPC.

    37. At this stage, it is necessary to evaluate the evidentiary worth of

    the testimony of PW-3, the child victim. It is a settled principle of

    law that conviction can be based on the sole testimony of the

    victim, if it is found to be reliable, cogent, and of unimpeachable

    character. The testimony of a child victim in cases under the

    Protection of Children from Sexual Offences Act, 2012 stands on

    an even higher pedestal, considering the vulnerability of the victim

    and the nature of the offence.

    38. The Supreme Court in the matter of Rai Sandeep @ Deenu v.

    State of NCT of Delhi, 2012 (8) SCC 21 held as under:-

    “22. In our considered opinion, the ‘sterling witness’
    should be of a very high quality and caliber whose
    version should, therefore, be unassailable. The Court
    considering the version of such witness should be in a
    position to accept it for its face value without any
    hesitation. To test the quality of such a witness, the
    status of the witness would be immaterial and what
    would be relevant is the truthfulness of the statement
    made by such a witness. What would be more relevant
    would be the consistency of the statement right from
    the starting point till the end, namely, at the time when
    the witness makes the initial statement and ultimately
    before the Court. It should be natural and consistent
    with the case of the prosecution qua the accused.

    14

    There should not be any prevarication in the version of
    such a witness. The witness should be in a position to
    withstand the cross-examination of any length and
    howsoever strenuous it may be and under no
    circumstance should give room for any doubt as to the
    factum of the occurrence, the persons involved, as
    well as, the sequence of it. Such a version should
    have co-relation with each and everyone of other
    supporting material such as the recoveries made, the
    weapons used, the manner of offence committed, the
    scientific evidence and the expert opinion. The said
    version should consistently match with the version of
    every other witness. It can even be stated that it
    should be akin to the test applied in the case of
    circumstantial evidence where there should not be any
    missing link in the chain of circumstances to hold the
    accused guilty of the offence alleged against him. Only
    if the version of such a witness qualifies the above test
    as well as all other similar such tests to be applied, it
    can be held that such a witness can be called as a
    ‘sterling witness’ whose version can be accepted by
    the Court without any corroboration and based on
    which the guilty can be punished. To be more precise,
    the version of the said witness on the core spectrum of
    the crime should remain intact while all other attendant
    materials, namely, oral, documentary and material
    objects should match the said version in material
    particulars in order to enable the Court trying the
    offence to rely on the core version to sieve the other
    supporting materials for holding the offender guilty of
    the charge alleged.”

    15

    39. In the matter of Alakh Alok Srivastava v. Union of India & Ors.,

    (2018) 17 SCC 291, in paras 14 and 20, it is observed as under:

    “14. At the very outset, it has to be stated with authority
    that the Pocso Act is a gender legislation. This Act has
    been divided into various chapters and parts therein.
    Chapter II of the Act titled “Sexual Offences Against
    Children” is segregated into five parts. Part A of the
    said Chapter contains two sections, namely, Section 3
    and Section 4. Section 3 defines the offence of
    “Penetrative Sexual Assault” whereas Section 4 lays
    down the punishment for the said offence. Likewise,
    Part B of the said Chapter titled “Aggravated
    Penetrative Sexual Assault and Punishment therefor”

    contains two sections, namely, Section 5 and Section

    6. The various subsections of Section 5 copiously deal
    with various situations, circumstances and categories
    of persons where the offence of penetrative sexual
    assault would take the character of the offence of
    aggravated penetrative sexual assault. Section 5(k), in
    particular, while laying emphasis on the mental stability
    of a child stipulates that where an offender commits
    penetrative sexual assault on a child, by taking
    advantage of the child’s mental or physical disability, it
    shall amount to an offence of aggravated penetrative
    sexual assault.”

    “20. Speaking about the child, a three Judge Bench in
    M.C. Mehta v. State of T.N. (1996) 6 SCC 756 “1. …
    “child is the father of man”. To enable fathering of a
    valiant and vibrant man, the child must be groomed
    well in the formative years of his life. He must receive
    16

    education, acquire knowledge of man and materials
    and blossom in such an atmosphere that on reaching
    age, he is found to be a man with a mission, a man
    who matters so far as the society is concerned.”

    40. The Supreme Court in the matter of Nawabuddin v. State

    of Uttarakhand (CRIMINAL APPEAL NO.144 OF 2022), decided

    on 8.2.2022 has held as under:-

    “10. Keeping in mind the aforesaid objects and to
    achieve what has been provided under Article 15 and
    39 of the Constitution to protect children from the
    offences of sexual assault, sexual harassment, the
    POCSO Act, 2012 has been enacted. Any act of sexual
    assault or sexual harassment to the children should be
    viewed very seriously and all such offences of sexual
    assault, sexual harassment on the children have to be
    dealt with in a stringent manner and no leniency should
    be shown to a person who has committed the offence
    under the POCSO Act. By awarding a suitable
    punishment commensurate with the act of sexual
    assault, sexual harassment, a message must be
    conveyed to the society at large that, if anybody
    commits any offence under the POCSO Act of sexual
    assault, sexual harassment or use of children for
    pornographic purposes they shall be punished suitably
    and no leniency shall be shown to them. Cases of
    sexual assault or sexual harassment on the children
    are instances of perverse lust for sex where even
    innocent children are not spared in pursuit of such
    debased sexual pleasure.

    Children are precious human resources of our country;
    they are the country’s future. The hope of tomorrow
    17

    rests on them. But unfortunately, in our country, a girl
    child is in a very vulnerable position. There are
    different modes of her exploitation, including sexual
    assault and/or sexual abuse. In our view, exploitation
    of children in such a manner is a crime against
    humanity and the society. Therefore, the children and
    more particularly the girl child deserve full protection
    and need greater care and protection whether in the
    urban or rural areas. As observed and held by this
    Court in the case of State of Rajasthan v. Om
    Prakash
    , (2002) 5 SCC 745, children need special
    care and protection and, in such cases, responsibility
    on the shoulders of the Courts is more onerous so as
    to provide proper legal protection to these children. In
    the case of Nipun Saxena v. Union of India, (2019) 2
    SCC 703, it is observed by this Court that a minor who
    is subjected to sexual abuse needs to be protected
    even more than a major victim because a major victim
    being an adult may still be able to withstand the social
    ostracization and mental harassment meted out by
    society, but a minor victim will find it difficult to do so.
    Most crimes against minor victims are not even
    reported as very often, the perpetrator of the crime is a
    member of the family of the victim or a close friend.
    Therefore, the child needs extra protection. Therefore,
    no leniency can be shown to an accused who has
    committed the offences under the POCSO Act, 2012
    and particularly when the same is proved by adequate
    evidence before a court of law.”

    41. When considering the evidence of a victim subjected to a sexual

    offence, the Court does not necessarily demand an almost

    accurate account of the incident. Instead, the emphasis is on
    18

    allowing the victim to provide her version based on her

    recollection of events, to the extent reasonably possible for her to

    recollect. If the Court deems such evidence credible and free from

    doubt, there is hardly any insistence on corroboration of that

    version. In State of H.P. v. Shree Kant Shekar (2004) 8 SCC 153

    the Hon‟ble Supreme Court held as follows:”

    “21. It is well settled that a prosecutrix complaining of
    having been a victim of the offence of rape is not an
    accomplice after the crime. There is no rule of law that
    her testimony cannot be acted without corroboration in
    material particulars. She stands on a higher pedestal
    than an injured witness. In the latter case, there is
    injury on the physical form, while in the former it is
    physical as well as psychological and emotional.
    However, if the court on facts finds it difficult to accept
    the version of the prosecutrix on its face value, it may
    search for evidence, direct or circumstantial, which
    would lend assurance to her testimony. Assurance,
    short of corroboration, as understood in the context of
    an accomplice, would suffice.”

    42. On these lines, the Hon’ble Supreme Court in Shivasharanappa

    and Others v. State of Karnataka, (2013) 5 SCC 705 observed

    as follows:

    “17. Thus, it is well settled in law that the court can rely

    upon the testimony of a child witness and it can form

    the basis of conviction if the same is credible, truthful

    and is corroborated by other evidence brought on
    19

    record. Needless to say as a rule of prudence, the

    court thinks it desirable to see the corroboration from

    other reliable evidence placed on record. The

    principles that apply for placing reliance on the solitary

    statement of the witness, namely, that the statement is

    true and correct and is of quality and cannot be

    discarded solely on the ground of lack of corroboration,

    apply to a child witness who is competent and whose

    version is reliable.”

    43. The Supreme court in the matter of State of UP v. Sonu

    Kushwaha, (2023) 7 SCC 475 has held as under :

    “12. The POCSO Act was enacted to provide more
    stringent punishments for the offences of child abuse
    of various kinds and that is why minimum punishments
    have been prescribed in Sections 4, 6, 8 and 10 of the
    POCSO Act for various categories of sexual assaults
    on children. Hence, Section 6,on its plain language,
    leaves no discretion to the Court and there is no option
    but to impose the minimum sentence as done by the
    Trial Court. When a penal provision uses the
    phraseology “shall not be less than….”, the Courts
    cannot do offence to the Section and impose a lesser
    sentence. The Courts are powerless to do that unless
    there is a specific statutory provision enabling the
    Court to impose a lesser sentence. However, we find
    no such provision in the POCSO Act. Therefore,
    notwithstanding the fact that the respondent may have
    moved ahead in life after undergoing the sentence as
    modified by the High Court, there is no question of
    20

    showing any leniency to him. Apart from the fact that
    the law provides for a minimum sentence, the crime
    committed by the respondent is very gruesome which
    calls for very stringent punishment. The impact of the
    obnoxious act on the mind of the victim/child will be
    lifelong. The impact is bound to adversely affect the
    healthy growth of the victim. There is no dispute that
    the age of the victim was less than twelve years at the
    time of the incident. Therefore, we have no option but
    to set aside the impugned judgment of the High Court
    and restore the judgment of the Trial Court.”

    44. Applying the aforesaid principle to the facts of the present case,

    the testimony of PW-3 (child victim) clearly qualifies as that of a

    sterling witness. Her deposition is consistent with the contents of

    the written report (Ex.P/07) and the First Information Report

    (Ex.P/08). She has withstood the test of cross-examination

    without any material contradiction or improvement affecting the

    core of the prosecution case. Her version is natural, credible, and

    inspires full confidence.

    45. Furthermore, her testimony stands duly corroborated by medical

    evidence (Ex.P/19) and scientific evidence in the form of FSL

    report (Ex.P/31), which lends additional assurance to her version.

    Even in the absence of such corroboration, her testimony, being

    of sterling quality, would be sufficient to sustain the conviction.

    46. Therefore, this Court holds that the evidence of the child victim is

    wholly reliable and of sterling quality, and there is no reason to
    21

    discard or doubt her testimony. The same forms a sound and safe

    basis for affirming the conviction of the accused.

    47. In the result, this Court comes to the conclusion that the

    prosecution has succeeded in proving its case beyond all

    reasonable doubts against the appellant. The conviction and

    sentence as awarded by the trial court to the appellant is hereby

    upheld. The present criminal appeal lacks merit and is accordingly

    dismissed.

    48. It is stated at the Bar that the appellant is in jail. He shall serve out

    the sentence as ordered by the trial Court.

    49. Registry is directed to send a copy of this judgment to the

    concerned Superintendent of Jail where the Appellant is

    undergoing the jail term, to serve the same on the Appellant

    informing him that he is at liberty to assail the present judgment

    passed by this Court by preferring an appeal before the Hon’ble

    Supreme Court with the assistance of High Court Legal Services

    Committee or the Supreme Court Legal Services Committee.

    50. Let a copy of this judgment and the original record be transmitted to

    the trial court concerned forthwith for necessary information and

    compliance.

                         Sd/-                                          Sd/-
    
                (Ravindra Kumar Agrawal)                        (Ramesh Sinha)
                      Judge                                       Chief Justice
    
    
    Manpreet
     



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