Facts
A child survivor aged 15 years was contacted by the accused on false pretences who then confined her to a room and sexually assaulted her twice. He threatened her into secrecy using death threats. The survivor initially did not disclose anything out of fear but disclosed the abuse to her mother later and subsequently a FIR was registered against the accused. The accused was convicted by the Trial court under Sections 342, 363, 506(II) IPC and section 6 POCSO Act. The accused, aggrieved by the conviction, appealed the same before the High Court on the grounds that the prosecution case suffered from material contradictions and discrepancies and there was delay in lodging of the FIR.
Judgment
The Court observed that convictions could be sustained on the sole testimony of the child survivor when said testimony is found cogent and credible. Such testimony would not require supporting evidence / corroboration. The child survivor of a sexual offence must not be treated as an accomplice and her evidence must receive the same weight as attached to an injured in cases of physical violence. The Court noted that in the present case, the child survivor had been consistent with her statement throughout and the same inspired confidence as well. She was cross-examined at length by the defence and she firmly withstood the test of cross-examination.
Punjab & Haryana High Court