Ramphal Paikra vs State Of Chhattisgarh on 3 July, 2026

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    Chattisgarh High Court

    Ramphal Paikra vs State Of Chhattisgarh on 3 July, 2026

    Author: Ramesh Sinha

    Bench: Ramesh Sinha

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                       CGHC010124902024                                 2026:CGHC:27341-DB
                                                                                         NAFR
    MANPREET
    KAUR
    
    Digitally signed
    by MANPREET
                                  HIGH COURT OF CHHATTISGARH AT BILASPUR
    KAUR
    Date: 2026.07.07
    11:19:27 +0530
    
    
                                                CRA No. 749 of 2024
    
    
                       Ramphal Paikra S/o Dandu Paikra Aged About 24 Years R/o Village
                       Sarnadih     P.S.   Sankargarh,     District   Balrampur     Ramanujganj
                       Chhattisgarh.
                                                                                  ... Appellant(s)
                                                         versus
    
    
                       State Of Chhattisgarh Through The Station House Officer, P.S.
                       Sankargarh District Balrampur - Ramanujganj Chhattisgarh.
                                                                             ... Respondent(s)
    
    
                       For Appellant(s)    : Mr. A.N. Pandey, Advocate
                       For Respondent(s) : Mr. Priyank Rathi, G.A.
    
    
                                  Hon'ble Shri Justice Ramesh Sinha, Chief Justice
                                  Hon'ble Shri Justice Ravindra Kumar Agrawal, J.
    

    Judgment on Board
    Per Ramesh Sinha, CJ
    03.07.2026

    1. In compliance with the order of this Court dated 18.06.2026, a

    SPONSORED

    report has been submitted by the learned Principal District and

    Sessions Judge, Balrampur-Ramanujganj (C.G.). As per the

    report dated 24.06.2026, the co-accused, namely, Budhram
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    Pankra, was convicted under Section 363 read with Section 34 of

    the IPC and sentenced to undergo rigorous imprisonment for a

    period of three years along with a fine of Rs.500/- by judgment

    dated 06.03.2024 passed in Special Sessions Case No. 26/2022.

    It has further been reported that on the very same day, i.e.,

    06.03.2024, the said co-accused preferred an application under

    Section 389(3) of the Cr.P.C. seeking suspension of sentence,

    which was allowed, and he was released on bail. However,

    thereafter, he neither appeared before the concerned Court nor

    preferred any appeal against the judgment of conviction. The

    present appellant, on the other hand, stands convicted for the

    offence punishable under Section 376 of the IPC and has been

    sentenced to undergo rigorous imprisonment for twenty years

    under the provisions of the POCSO Act. In view of the aforesaid

    facts, we proceed to hear and decide the present appeal on

    merits on behalf of the present appellant.

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

    sentence dated 06.03.2024 passed by the Additional Sessions

    Judge, First (F.T.S.C.), Special Judge (POCSO Act),

    Ramanujganj, District- Balrampur-Ramanujganj in Special

    Sessions Case No. 129/2019, whereby the appellant has been

    convicted for the offences as under:-

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         Conviction       Sentence               Fine          Additional
     under Section                                          Imprisonment in
                                                                default of
                                                            payment of fine
    
    Section     363/34 R.I. for 5 years        Rs. 500/-      01 month R.I.
    of the IPC
    Section 366 of R.I. for 5 years            Rs. 500/-      01 month R.I.
    the IPC
    Section 6 of the R.I. for 20 years        Rs.25,000/-     2 months R.I.
    POCSO Act
    
    

    All sentences have been directed to run concurrently.

    3. The prosecution case, in brief, is that on 14.03.2022, a written

    report (Ex. P-3) was lodged by the father of the victim (PW-2) at

    Police Station Shankargarh alleging that his minor daughter, aged

    about 13 years, had gone to attend the weekly market at

    Shankargarh but did not return home. It was further alleged that

    the appellant had taken her away without the consent of her lawful

    guardian. On the basis of the said report, FIR (Ex.P-4) was

    registered for the offence punishable under Section 363 of the

    IPC and investigation was taken up.

    4. During investigation, the victim was traced and recovered on the

    very same day from Village Rakiya. Her statement was recorded,

    wherein she levelled allegations against the appellant regarding

    the commission of offences during the period she remained in his

    company. The victim was thereafter medically examined and the

    medical report was obtained as part of the investigation.
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    5. The Investigating Officer also collected the school records of the

    victim for determination of her age, seized the articles relevant to

    the investigation, recorded the memorandum statement of the

    appellant, pursuant to which certain belongings of the victim were

    recovered, and caused the appellant to undergo medical

    examination. The seized articles were forwarded to the Forensic

    Science Laboratory for scientific examination. During

    investigation, the statements of the witnesses under Section 161

    of the Cr.P.C. and the statement of the victim under Section 164 of

    the Cr.P.C. were also recorded.

    6. Upon completion of investigation, the police filed the charge-sheet

    against the appellant and the co-accused for offences punishable

    under Sections 363, 366, 392, 376(2)(d) read with Section 34 of

    the IPC and Sections 4 and 6 of the POCSO Act.

    7. The learned Special Court framed charges against the appellant

    under Sections 363/34, 366/34 and 376(3) of the IPC and Section

    6 of the POCSO Act, and against the co-accused under Section

    363 read with Section 34 of the IPC and Section 17 of the

    POCSO Act. The accused denied the charges and claimed trial.

    8. In support of its case, the prosecution examined ten witnesses

    and exhibited the relevant documentary evidence. After

    completion of the prosecution evidence, the statements of the

    accused were recorded under Section 313 of the Cr.P.C., wherein

    they denied the incriminating circumstances appearing against
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    them, pleaded false implication and did not adduce any evidence

    in defence.

    9. The defence contended that the prosecution had failed to

    establish the age of the victim beyond reasonable doubt, that the

    evidence suffered from material contradictions and omissions,

    and that the allegations had not been proved beyond reasonable

    doubt. The prosecution, on the other hand, submitted that the oral

    and documentary evidence sufficiently established the guilt of the

    accused and prayed for their conviction.

    10. 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.

    11. Learned counsel for the appellant submits that the impugned

    judgment of conviction and order of sentence is illegal, perverse

    and contrary to the evidence available on record. It is contended

    that the prosecution has failed to establish beyond reasonable

    doubt that the victim was a minor on the date of the alleged

    incident, as PW-4, the Headmaster, admitted that no documentary

    proof of her date of birth had been furnished at the time of her

    admission, while PW-2, the father of the victim, stated that the

    date of birth entered in the school records was based merely on

    his estimation and not on any authentic document. It is further

    argued that the testimonies of the victim (PW-1) and her father

    (PW-2) suffer from material omissions and contradictions vis-à-vis
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    their previous statements, thereby rendering their evidence

    unreliable. Learned counsel also points out that the independent

    seizure witness, PW-3 Pradeep Kumar, did not support the

    prosecution case and was declared hostile. It is further submitted

    that although the father of the victim alleged that he had received

    a phone call informing him that the victim had been taken away,

    the prosecution neither established the ownership of the mobile

    number nor connected it with the appellant. Referring to the

    evidence of PW-5, Dr. Shashikala Toppo, it is contended that the

    medical evidence does not conclusively support the prosecution

    case, as the doctor was unable to give any definite opinion

    regarding recent sexual intercourse. It is also urged that no test

    identification parade was conducted, the prosecution has failed to

    adduce any cogent or independent evidence connecting the

    appellant with the alleged offences, and the trial Court failed to

    appreciate these material infirmities in their proper perspective. It

    is, therefore, submitted that the prosecution has failed to prove its

    case beyond reasonable doubt and that the appellant is entitled to

    acquittal by setting aside the impugned judgment of conviction

    and sentence.

    12. Learned State counsel, supporting the impugned judgment,

    submits that the prosecution has succeeded in establishing the

    guilt of the appellant beyond reasonable doubt through cogent

    and reliable oral as well as documentary evidence. It is contended

    that the testimony of the victim is natural, consistent and inspires
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    confidence, and is duly corroborated by her statement recorded

    under Section 164 of the Cr.P.C., the medical evidence and the

    surrounding circumstances. It is further submitted that the age of

    the victim has been duly established from the school records

    collected during the investigation, and the trial Court has rightly

    held her to be a minor on the date of the incident. Learned State

    counsel argues that the minor discrepancies and omissions

    pointed out by the defence are inconsequential and do not affect

    the core of the prosecution case. It is further submitted that the

    evidence on record clearly establishes that the appellant had

    taken the victim away from the lawful guardianship of her parents

    and thereafter committed the offence alleged against him. The

    findings recorded by the learned Special Court are based on

    proper appreciation of the evidence and settled principles of law,

    warranting no interference by this Court in the present appeal.

    Accordingly, it is prayed that the appeal, being devoid of merit,

    deserves to be dismissed.

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

    the record with utmost circumspection.

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

    whether the testimony of the victim deserves acceptance and

    whether the prosecution has established the case of the appellant

    beyond reasonable doubt.

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    15. 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 victim 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.

    16. 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.

    17. Regarding the age of the victim, the first contention advanced on

    behalf of the appellant is that the prosecution has failed to

    establish that the child victim was below eighteen years of age on

    the date of the incident. Learned counsel has submitted that the

    school record cannot be safely relied upon as PW-4, the

    Headmaster, admitted that no document relating to the date of

    birth had been produced at the time of admission and PW-2, the

    father of the victim, also stated that the date of birth was entered

    in the school records on the basis of his estimation.

    18. We have carefully considered the aforesaid submission and

    perused the evidence available on record. PW-1, the child victim,

    has stated that her date of birth is 04.07.2009. Significantly, this

    part of her testimony remained unshaken during cross-
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    examination. PW-2, the father of the child victim, has also

    deposed that at the time of the incident, his daughter was about

    14 years of age. Although, during cross-examination, he stated

    that he was not aware of the exact date of birth and that no birth

    certificate had been furnished at the time of admission in the

    school, such admission, by itself, is not sufficient to discard the

    documentary evidence otherwise brought on record.

    19. PW-4 Dashrath Ram, the Headmaster of the concerned school,

    proved the admission register and the certified extract thereof (Ex.

    P-10C). He categorically deposed that the child victim was

    admitted to Class-I on 02.07.2014 and that her date of birth was

    recorded in the admission register as 04.07.2009. Though he

    admitted that he had not himself made the relevant entry and that

    the register does not disclose the document on the basis of which

    the date of birth was recorded, nothing substantial could be

    elicited in his cross-examination to doubt the authenticity of the

    school records maintained in the ordinary course of official

    business.

    20. Section 94 of the Juvenile Justice (Care and Protection of

    Children) Act, 2015 prescribes the manner in which the age of a

    child is to be determined. The provision accords primacy to the

    matriculation or equivalent certificate and, in its absence, to the

    birth certificate issued by the school first attended. It is only in the

    absence of such documentary evidence that recourse can be
    10

    taken to medical opinion. The principles governing determination

    of age under the aforesaid provision have been recognized by the

    Hon’ble Supreme Court in Jarnail Singh v. State of Haryana,

    reported in 2013 (7) SCC 263 wherein it has been held that the

    documents enumerated under the statutory scheme constitute the

    primary evidence for determination of age.

    21. It is equally well settled that entries made in public or official

    records maintained in the discharge of official duties are relevant

    under Section 35 of the Indian Evidence Act, 1872. In Ravinder

    Singh Gorkhi v. State of U.P., reported in (2006) 5 SCC 584 the

    Hon’ble Supreme Court held that entries in official registers

    maintained in the ordinary course of business constitute relevant

    evidence unless their authenticity is successfully impeached.

    22. Tested on the aforesaid principles, we find no reason to discard

    the school records relied upon by the prosecution. The admission

    register pertains to the first school attended by the child victim and

    has been duly proved through the Headmaster. Merely because

    the document on the basis of which the date of birth was initially

    entered was not available, the evidentiary value of the school

    record does not stand effaced, particularly when there is no

    material to suggest that the entry was manipulated or fabricated.

    The oral testimony of PW-1 and PW-2 substantially corroborates

    the documentary evidence.

    11

    23. In view of the aforesaid discussion, we are satisfied that the

    prosecution has successfully established that the date of birth of

    the child victim is 04.07.2009. Consequently, on the date of the

    incident, i.e., 14.03.2022, she was about 12 years and 8 months

    of age and, therefore, was a “child” within the meaning of Section

    2(1)(d) of the Protection of Children from Sexual Offences Act,

    2012. The finding recorded by the learned Special Court on this

    aspect is based on proper appreciation of the evidence and does

    not warrant interference

    24. The next crucial aspect for consideration is the testimony of the

    child victim (PW-1).

    25. The prosecution has primarily relied upon the testimony of the

    child victim (PW-1). In her examination-in-chief recorded on

    12.07.2022, she deposed that since the year 2019, while she was

    attending school, the appellant had been repeatedly approaching

    her, stopping her on the way and asking for her mobile phone

    number. She further stated that on the date of the incident, she

    was travelling from Manoharpur to Shankargarh by an auto-

    rickshaw for the purpose of getting her Aadhaar Card corrected.

    According to her, when the auto-rickshaw reached near Khairadih

    forest, the appellant contacted her on her mobile phone,

    threatened her with a knife and directed her to get down from the

    vehicle. Owing to the threat extended by the appellant, she
    12

    alighted from the auto-rickshaw near Khairadih forest and started

    walking back towards her village.

    26. PW-1 further deposed that shortly thereafter, the appellant and co-

    accused Budhram arrived on a motorcycle from the direction of

    Shankargarh. According to her, they covered her mouth, forcibly

    made her sit on the motorcycle and took her to Pendardih forest.

    She stated that co-accused Budhram was driving the motorcycle,

    she was seated in the middle and the appellant sat behind her

    while restraining her. She further deposed that after taking her to

    the forest area, the appellant subjected her to penetrative sexual

    assault. PW-1 further deposed that after the occurrence, she was

    assaulted and her hands were tied behind her back with her

    dupatta. She stated that when the appellant moved away for a

    short while, she managed to escape from the place of occurrence,

    ran for about two kilometres and reached the house of a Pahadi

    Korwa family. From the mobile phone of the lady residing therein,

    she contacted her father and informed him about her

    whereabouts. She further stated that the police thereafter reached

    the said place and recovered her. This part of her testimony is

    corroborated by the recovery memo (Ex.P-1) as well as by the

    testimony of Laxmania (PW-8), in whose house the victim had

    taken shelter.

    27. PW-2, the father of the victim, deposed that after receiving

    information from the appellant over the telephone that the victim
    13

    had been taken away, he searched for his daughter and

    subsequently received a telephone call from the victim informing

    him about her location. Thereafter, he lodged the written

    complaint (Ex.P-3) at Police Station Shankargarh, on the basis of

    which the First Information Report (Ex.P-4) was registered. He

    further proved that the Investigating Officer prepared the spot map

    (Ex.P-5) in his presence and also stated that he had given his

    consent for the medical examination of the victim.

    28. Laxmania (PW-8), an independent witness, supported the

    prosecution case by deposing that the victim had reached her

    house after escaping from the place of occurrence and that the

    police subsequently recovered the victim from her house under

    the recovery memo (Ex.P-1).

    29. The prosecution has further examined Pradeep Kumar (PW-3),

    who is a witness to the memorandum and seizure proceedings.

    He supported the prosecution case regarding the memorandum

    statement of the appellant (Ex.P-7) recorded by the Investigating

    Officer and the consequent seizure of the victim’s Aadhaar Card,

    bank passbook, mobile phone and cash amounting to Rs.680/-

    from the possession of the appellant under seizure memo (Ex.P-

    8). Although PW-3 stated during cross-examination that the

    contents of the memorandum and seizure memo were not read

    over to him, he categorically denied the suggestion that no
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    memorandum proceedings had taken place in his presence or

    that no recovery had been effected from the appellant.

    30. Amit Gupta (PW-7), the Investigating Officer, deposed that during

    investigation he recorded the memorandum statement of the

    appellant (Ex.P-7) in accordance with law, pursuant to which the

    articles belonging to the victim were recovered and seized under

    seizure memo (Ex.P-8). He further proved the seizure of the

    school admission register under seizure memo (Ex.P-9), the

    recovery of the victim under recovery memo (Ex.P-1), the

    registration of the First Information Report (Ex.P-4), preparation of

    the spot map (Ex.P-5), and the other investigative steps

    undertaken during the course of investigation. He further stated

    that, on the basis of the disclosure made by the appellant, the

    involvement of co-accused Budhram came to light. Although no

    Test Identification Parade was conducted, the victim (PW-1),

    during her deposition before the trial Court, identified co-accused

    Budhram in Court as the person who had accompanied the

    appellant on the date of the incident.

    31. The medical evidence has been adduced through Dr. Shashikala

    Toppo (PW-5), who examined the victim on 15.03.2022 at the

    Community Health Centre, Shankargarh. She deposed that, upon

    clinical examination, she noticed abrasions measuring

    approximately 0.5 cm × 0.5 cm on both lower limbs of the victim,

    which, in her opinion, could have been caused by a hard and
    15

    blunt object within about twenty-four hours prior to the

    examination. She further found that the hymen was old torn.

    During the examination, vaginal smear slides and pubic hair

    samples were collected and sealed for forensic examination. The

    medical examination report has been proved as Ex.P-11.

    32. PW-5 further deposed that, on the basis of the clinical

    examination alone, she was not in a position to express any

    definite opinion regarding recent sexual intercourse and,

    therefore, advised that the samples collected during examination

    be forwarded for forensic analysis. She also examined the

    undergarment of the victim, on which a whitish stain was noticed,

    and recommended its forensic examination. The said report has

    been proved as Ex.P-12. Nothing material has been elicited

    during her cross-examination so as to discredit either the medical

    examination conducted by her or the findings recorded in the

    medical reports.

    33. The prosecution further examined Dr. Anil Singh (PW-10), who

    medically examined the appellant on 15.03.2022. He deposed

    that, upon examination, the appellant was found physically

    capable of performing sexual intercourse. The medical

    examination report has been proved as Ex.P-15. PW-10 further

    deposed that he examined the undergarment of the appellant and,

    although no visible stain was noticed thereon, the same was

    sealed and forwarded for forensic examination. The relevant
    16

    report has been proved as Ex.P-16. His testimony has also

    remained substantially unchallenged during cross-examination.

    34. The prosecution has also relied upon the report of the Forensic

    Science Laboratory (Ex.P-17). The said report indicates the

    presence of human spermatozoa on the vaginal smear slides

    collected during the medical examination of the victim. The

    scientific evidence, therefore, lends assurance to the prosecution

    version and corroborates the testimony of the child victim

    regarding the commission of penetrative sexual assault.

    35. Though PW-5 did not express any conclusive opinion regarding

    recent sexual intercourse solely on the basis of clinical

    examination, such circumstance, by itself, does not weaken the

    prosecution case. Medical evidence is essentially corroborative in

    nature and cannot override otherwise cogent and reliable ocular

    testimony. In the present case, the medical evidence, when read

    conjointly with the forensic report (Ex.P-17) and the consistent

    testimony of the child victim (PW-1), provides substantial

    corroboration to the prosecution case.

    36. 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
    17

    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.
    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
    18

    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.”

    37. 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.”

    19

    “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
    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.”

    38. 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
    20

    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
    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
    21

    and particularly when the same is proved by adequate
    evidence before a court of law.”

    39. 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

    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.”

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

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

    as follows:

    22

    “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
    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.”

    41. 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
    23

    modified by the High Court, there is no question of
    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.”

    42. Having bestowed our anxious consideration to the entire evidence

    available on record, we find that the testimony of the child victim

    (PW-1) inspires confidence and is wholly reliable. Her narration of

    the occurrence has remained consistent on all material particulars

    from the inception of the prosecution case till her deposition

    before the trial Court. She has unequivocally stated that the

    appellant threatened her, compelled her to alight from the auto-

    rickshaw, forcibly took her to the forest area and thereafter

    committed penetrative sexual assault upon her. Despite lengthy

    cross-examination, nothing substantial could be elicited so as to

    impeach her credibility or create any reasonable doubt regarding

    the occurrence as narrated by her.

    43. We find that the evidence of the child victim receives substantial

    corroboration from the testimony of her father (PW-2). PW-2 has

    deposed regarding the information received by him over the
    24

    telephone, the prompt lodging of the written complaint (Ex.P-3),

    registration of the First Information Report (Ex.P-4) and the

    subsequent recovery of the victim. His testimony also establishes

    that immediately upon receiving information from the victim

    regarding her whereabouts, he informed the police, which

    ultimately led to her recovery. The promptness with which the

    criminal law was set into motion excludes any possibility of false

    implication after deliberation.

    44. The prosecution version also finds independent corroboration

    from the testimony of Laxmania (PW-8), who has categorically

    deposed that the victim reached her house after escaping from

    the place of occurrence and sought shelter there. PW-8 has

    further proved that the police recovered the victim from her house

    under Recovery Memo (Ex.P-1). The testimony of this witness,

    who has no animus against the appellant, lends considerable

    assurance to the prosecution case.

    45. The memorandum statement of the appellant (Ex.P-7) and the

    consequential recovery effected under Seizure Memo (Ex.P-8)

    constitute another important incriminating circumstance. Amit

    Gupta (PW-7), the Investigating Officer, has proved that pursuant

    to the disclosure statement made by the appellant, the victim’s

    Aadhaar Card, passbook, mobile phone and cash were recovered

    from his possession. Though Pradeep Kumar (PW-03) was

    subjected to cross-examination, he has not denied his presence
    25

    during the memorandum proceedings or the recovery effected

    pursuant thereto. Merely because he stated that the contents of

    the documents were not read over to him cannot render the

    memorandum or the consequential recovery inadmissible or

    unreliable.

    46. The criticism advanced on behalf of the appellant that PW-3 did

    not fully support the prosecution case is also misconceived. It is

    well settled that the testimony of a witness is not liable to be

    discarded in toto merely because he has not supported every part

    of the prosecution version. The Court is entitled to rely upon that

    part of the testimony which is otherwise found to be credible and

    is corroborated by other evidence available on record. In the

    present case, the material portion of the evidence of PW-3

    regarding the memorandum proceedings and recovery stands

    duly corroborated by the testimony of the Investigating Officer

    (PW-7).

    47. Equally significant is the medical and scientific evidence brought

    on record. Dr. Shashikala Toppo (PW-5), who examined the

    victim, noticed abrasions over both lower limbs and proved the

    medical examination report (Ex.P-11). Though she did not

    express any definite opinion regarding recent sexual intercourse

    solely on clinical examination, she collected vaginal smear slides,

    pubic hair and other biological samples for forensic examination.

    The supplementary medical report (Ex.P-12) further records that a
    26

    whitish stain was noticed on the undergarment of the victim, which

    was preserved and forwarded for forensic analysis.

    48. Dr. Anil Singh (PW-10), who medically examined the appellant,

    proved the medical examination report (Ex.P-15) and opined that

    the appellant was physically capable of performing sexual

    intercourse. He also proved the report relating to the articles

    collected from the appellant (Ex.P-16). Nothing has been elicited

    during his cross-examination so as to cast any doubt upon the

    medical examination conducted by him.

    49. The Forensic Science Laboratory Report (Ex.P-17) assumes

    considerable significance. The report confirms the presence of

    human spermatozoa on the vaginal smear slides collected during

    the medical examination of the victim. The scientific evidence thus

    lends strong corroboration to the ocular testimony of the child

    victim and completely rules out the argument that the prosecution

    case is unsupported by medical or scientific evidence.

    50. Much emphasis was laid by the learned counsel for the appellant

    on the submission that PW-5 did not give a conclusive opinion

    regarding recent sexual intercourse. In our considered opinion,

    the said contention deserves to be rejected. It is a settled principle

    of criminal jurisprudence that medical evidence is essentially

    corroborative in nature. Where the testimony of the victim is

    trustworthy and inspires confidence, absence of a definite medical

    opinion or even absence of injuries cannot by itself be a ground to
    27

    discard the otherwise reliable ocular evidence. In the present

    case, the medical evidence, scientific evidence and documentary

    evidence, when read conjointly with the testimony of PW-1,

    furnish complete assurance to the prosecution case.

    51. We also do not find any substance in the submission that the

    absence of a Test Identification Parade is fatal to the prosecution.

    The victim herself has categorically deposed that she had known

    the appellant since the year 2019 as he used to repeatedly

    approach and harass her while she was going to school. The

    identity of the appellant was, therefore, never in dispute and no

    Test Identification Parade was required. So far as the co-accused

    Budhram is concerned, the victim identified him before the trial

    Court during her deposition. It is well settled that Test

    Identification Parade is only an investigative aid and not

    substantive evidence.

    52. Likewise, the contention regarding non-establishment of the

    ownership of the mobile number through which the alleged calls

    were made does not persuade us to take a different view. The

    prosecution case does not rest upon the call details alone. The

    conviction is founded primarily upon the direct evidence of the

    child victim, which is duly corroborated by the testimony of PW-2,

    PW-7 and PW-8, the prompt FIR, the recoveries effected during

    investigation, the medical evidence and the forensic report.
    28

    53. Therefore, upon a comprehensive re-appreciation of the entire

    oral, documentary, medical and scientific evidence available on

    record, we are of the considered opinion that the prosecution has

    succeeded in proving, beyond reasonable doubt, that the

    appellant had kidnapped the child victim from the lawful

    guardianship of her father and thereafter committed aggravated

    penetrative sexual assault upon her. The testimony of the child

    victim (PW-1) is wholly reliable, inspires confidence and stands

    duly corroborated by the evidence of PW-2, PW-7 and PW-8, the

    prompt lodging of the First Information Report (Ex.P-4), the

    recovery proceedings, the medical evidence (Ex.P-11 and Ex.P-

    12) and the Forensic Science Laboratory Report (Ex.P-17). The

    minor discrepancies and omissions pointed out by the defence

    are natural and do not affect the substratum of the prosecution

    case. We find that the learned Special Court has appreciated the

    evidence in its correct perspective and has recorded the

    conviction on the basis of cogent, reliable and legally admissible

    evidence. No perversity, illegality or infirmity has been

    demonstrated which would warrant interference by this Court in

    exercise of its appellate jurisdiction.

    54. 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
    29

    upheld. The present criminal appeal lacks merit and is accordingly

    dismissed.

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

    the sentence as ordered by the trial Court.

    56. 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.

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



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