Hymen Tear and Laceration Together With Consistent Minor's Testimony Justify Conviction for Penetrative Sexual Assault

The prosecution alleged that on April 15, 2019, the appellant allured a five-year-old girl with chocolate, took her to an Arhar field, and inserted his finger into her private part, causing bleeding

The Trial Court (POCSO Court, Siwan) convicted the appellant under Section 4 of the POCSO Act, sentencing him to life imprisonment and a fine of ₹30,000

The appellant challenged this on grounds of material contradictions in the victim's testimony, non-examination of the victim’s brothers, and alleged prior enmity

The High Court observed that while the medical board estimated the victim’s age at 12–13 years through radiological examination, the defense never challenged her minority during the trial

1. Whether the testimony of the child victim (PW-1) was sufficiently consistent and reliable to sustain a conviction despite minor discrepancies

2. Whether the conviction under Section 4 of the POCSO Act was legally sound given the medical evidence of penetration

3. Whether the sentence of life imprisonment was appropriate considering the statutory provisions applicable on the date of the offense

The Court applied Section 4 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, which defines and penalizes penetrative sexual assault

It significantly relied on the statutory presumptions under Sections 29 and 30 of the POCSO Act, which mandate the court to presume the culpable mental state of the accused once the act is established

Additionally, the Court applied Article 20(1) of the Constitution of India and general principles of retrospective criminal law, noting that the 2019 Amendment to Section 4 (increasing minimum punishment) cannot apply to offenses committed prior to its enforcement on August 16, 2019

The Court found the victim's testimony (PW-1) consistent with her Section 164 CrPC statement, noting that minor discrepancies regarding whether her brothers accompanied her did not discredit her as a "wholly unreliable witness" given her age

The medical evidence (Exhibit-2) corroborated the oral testimony by confirming a hymen tear, laceration, and bleeding

The Court rejected the defense of "enmity," noting the appellant failed to provide evidentiary proof of any prior dispute during his Section 313 CrPC examination

Crucially, the Court observed that since the offense occurred on April 15, 2019, the Trial Court erred in applying the post-amendment sentencing standards; the pre-amendment Section 4 provided a minimum of seven years, whereas the Trial Court awarded life imprisonment without considering the appellant’s potential for reformation

It held that the prosecution successfully proved the charge of penetrative sexual assault beyond reasonable doubt through the victim's testimony and medical corroboration

However, considering the date of the offense (pre-2019 amendment) and the appellant's family circumstances, the Court reduced the sentence from life imprisonment to ten years of rigorous imprisonment

The fine of ₹30,000 was maintained, with the default sentence reduced to one year of simple imprisonment