SANTOSH KUMAR Vs. STATE

JUDGEMENT

(1.) Appellant Santosh Kumar stood trial in Sessions Case (No.58634/2016) in the court of Special Judge (POCSO Act) on the basis of report under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) submitted upon conclusion of investigation into first information report (FIR) No.803/2015 of Police Station Alipur and, by judgment dated 30.10.2017, he was held guilty and convicted on the charge for offences punishable under Section 376(2)(i) of Indian Penal Code, 1860 (IPC) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). By order dated 31.10.2017, the trial court has awarded rigorous imprisonment for fourteen years for the offence punishable under Section 376(2)(i) IPC, no separate punishment having been awarded under Section 6 of the POCSO Act.

(2.) The appeal at hand challenges the abovesaid judgment and order on sentence, the plea of the appellant being that he was falsely implicated on mere suspicion and that the act of penetrative sexual assault against the prosecutrix a child stated to be aged about ten years has not been brought home.

(3.) During the course of hearing at the appeal, reference was made to the MLC (Ex.PW-2/A) which was prepared in the casualty of Satyawadi Raja Harish Chandra Hospital, (SRHC) Hospital, Narela, Delhi-110040 at 10:15 p.m. on 05.09.2015 in respect of the prosecutrix. The said MLC (Ex.PW-2/A) purports to have been prepared in the handwriting and under signatures of Dr. Pallavi of Obst. & Gynae Ward of the said hospital. It was pointed out that aside from the narration of the observations based on physical examination of the prosecutrix, there are atleast three additions, one in the nature of a statement of the mother of the prosecutrix recorded at 10:15 p.m., with endorsement by the father of the prosecutrix by his thumb impression and another statement of the same persons, i.e., parents of the prosecutrix, recorded at 10:30 p.m., they having first refused to permit internal examination of the child and later having acceded to it, the third addition (shown by penciled bracket in the record) concerning observations of the examining medical officer regarding internal examination, the crucial portion whereof refers to positive indication of bleeding per vagina.