Testimony of a child victim of sexual assault, if credible and inspiring confidence, warrants conviction without corroboration.

The informant’s daughter, aged approximately 10 years, was abducted from her home on the night of July 8/9, 2014

She was found the following morning near a school in poor physical condition with injuries suggesting sexual assault

Upon regaining consciousness, the victim identified the appellant, a neighbor, as the perpetrator

Medical examination revealed significant internal injuries

radiological tests determined the victim’s age to be approximately 7 years

The Trial Court (Special Judge, POCSO Act, Muzaffarnagar) convicted the appellant on August 24, 2018, under Sections 376 and 323 of the IPC and Sections 5/6 of the POCSO Act

The appellant challenged this on grounds of inconsistent evidence and lack of eye-witnesses

1. Whether the conviction of the appellant can be sustained solely based on the uncorroborated testimony of the minor victim

2. Whether the medical evidence and forensic reports sufficiently corroborate the oral testimony of the victim and the informant

The court primarily applied Section 376 (Rape) and 323 (Voluntary causing hurt) of the IPC, alongside Sections 5/6 (Aggravated penetrative sexual assault) of the POCSO Act

It relied on the settled legal principle that if the testimony of a "sterling witness" (the prosecutrix) is found wholly reliable and inspires confidence, conviction can be based on her sole testimony without corroboration

The court cited State of Rajasthan v. Babu Meena and State of H.P. v. Asha Ram to establish that the testimony of a sexual assault victim is on a higher pedestal than even an injured witness and requires only "care and circumspection" rather than mandatory corroboration

The court evaluated the testimony of the victim (PW-2), noting she remained firm during cross-examination and consistently identified the appellant as the person who abducted and raped her

The court integrated this with the medical testimony of Dr. Abha Aatrey (PW-3), who confirmed that the victim’s internal lacerations and hymenal injuries were consistent with sexual assault occurring during the alleged timeframe

The court discarded the appellant's defense of false implication due to enmity, finding the victim's evidence natural and of "sterling quality"

The court also highlighted the statutory objective of the POCSO Act to protect children from gruesome crimes, noting the victim's age was under twelve, thus triggering more stringent scrutiny and punishment

The High Court dismissed the appeal and affirmed the judgment and order dated August 24, 2018, upholding the sentence of rigorous life imprisonment and fine under the POCSO Act, as well as six months' imprisonment under Section 323 IPC