Reliability of Child Victim’s Testimony and Statutory Presumptions are Sufficient for Conviction Under POCSO Act.

The appellant was convicted by the Trial Court for kidnapping, wrongful confinement, and aggravated penetrative sexual assault of a 15-year-old girl

The prosecution alleged that on 30.06.2022, the appellant induced the victim to his house on the pretext of marriage, confined her, and repeatedly assaulted her until she was recovered by family members the next day

The appellant challenged the conviction, arguing that the victim's testimony was uncorroborated, material contradictions existed, and her minority was not legally established

1. Whether the prosecution established the victim was a "child" below 18 years of age on the date of the incident

2. Whether the sole testimony of the prosecutrix is reliable and sufficient to sustain a conviction under the POCSO Act

3. Whether the prosecution established the guilt of the appellant beyond reasonable doubt

Section 2(d) of the POCSO Act, 2012, defining a "child" as a person under 18

Section 94(2)(i) of the Juvenile Justice Act, 2015, which prioritizes school records for age determination

Sections 29 and 30 of the POCSO Act, which mandate a presumption of the accused's culpable mental state once foundational facts are proved

Rai Sandeep @ Deenu v. State of NCT of Delhi, defining the "sterling witness"

State of H.P. v. Shree Kant Shekar, affirming that a victim's testimony requires no corroboration if found credible

The Court found the victim's age was proved to be 15 years and 11 months based on Class VIII certificates and school admission registers (Ex. P/14C, P/15), which carry a presumption of correctness as public documents

The Court classified the victim as a "sterling witness" because her testimony was consistent with the FIR (Ex. P/08) and remained unshaken during cross-examination

Although some family members (PW-1, PW-2, PW-4) turned hostile, the Court applied the principle that their testimony remains admissible to the extent it supports the recovery of the victim from the appellant’s house

Furthermore, the medical evidence (Ex. P/19) showing a ruptured hymen and scientific FSL report (Ex. P/31) confirming human sperm on the vaginal slide provided objective corroboration of sexual assault

Since foundational facts were proved, the statutory presumption under POCSO shifted the burden to the appellant, who failed to offer any rebuttal evidence

The Court dismissed the appeal and upheld the convictions under Sections 363, 366, 376(3), and 342 of the IPC, and Section 6 of the POCSO Act

The appellant was ordered to serve the remainder of his sentence, including imprisonment for life till natural death for the aggravated sexual assault