JUDGMENT : Ritu Bahri, C.J. 1. The appellant has come up in appeal against the judgement and order dated 30.09.2015/03.10.2015, passed by the learned F.T.C. / Additional Sessions Judge/Special Judge, POCSO, Rudrapur, District – Udham Singh Nagar, Uttarakhand in Sessions Trial No. 59 of 2015, whereby he was convicted for the offences punishable under Sections 376(2), 363, 365 and 366 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) and was sentenced to undergo rigorous imprisonment for life which shall mean imprisonment for the remainder of natural life with fine of Rs. 50,000/- for the offence punishable under Section 376(2) of I.P.C. He was sentenced to undergo rigorous imprisonment for period of three years with fine of Rs. 10,000/- for the offence punishable under Section 363 of the I.P.C. He was also sentenced to undergo rigorous imprisonment for seven years with fine of Rs. 10,000/- for the offence punishable under Section 365 of the I.P.C. and was further sentenced to undergo rigorous imprisonment for ten years with fine of Rs. 20,000/- for the offence punishable under 366 of the I.P.C. 2. The prosecution case, in brief, is that on 24th February, 2015, a written complaint was given by the victim’s father to Police Station – Transit Camp, Rudrapur, wherein it was stated that on 23.02.2015, at around 08:00 am, the victim had gone to her school and did not come back. The complainant and his family members kept waiting for her whole the day, but she did not return. The complainant searched her at all the possible places, including his relatives. The victim was 13 years of age and was wearing school uniform white and black in colour. On the basis of the said complaint, a missing case was registered. Thereafter, on 12th March, 2015, at 01:00 pm, the police arrested accused-Vijay Singh from Rudrapur Roadways Station, in whose custody the victim was recovered. Thereafter, the case was investigated. During the investigation, it was found that the minor victim was raped by the accused. Subsequently, Sections 365, 363, 366, 376 of the IPC and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘POCSO’ Act) were added against accused-Vijay Singh. 3. After the investigation, a Charge Sheet was filed against accused-Vijay Singh under Sections 365, 363, 366, 376 of IPC and under Section 3/4 of the POCSO Act. 3. After the investigation, a Charge Sheet was filed against accused-Vijay Singh under Sections 365, 363, 366, 376 of IPC and under Section 3/4 of the POCSO Act. During the trial, in the charge, Sections 3 and 4 of the POCSO Act were replaced by Sections 5 and 6 of the POCSO Act. 4. Thereafter, the following documentary evidence were adduced by the prosecution to prove the case against the accused: i. Exhibit A-1 Statement of the victim under Section 164 CrPC ii. Exhibit A-2 Copy of Tehrir Report iii. Exhibit A-3 Pathology Report iv. Exhibit A-4 Chick FIR v. Exhibit A-5 Copy of Disclosure in GD vi. Exhibit A-6 Copy of the Admit Card vii. Exhibit A-7 Copy of the Admission Register viii. Exhibit A-8 Copy of the Transfer Certificate ix. Exhibit A-9 Medical Report x. Exhibit A-10 Supplementary Report xi. Exhibit A-11 Map View xii. Exhibit A-12 Arrest Memo xiii. Exhibit A-13 Copy of the GD xiv. Exhibit A-14 Charge-Sheet. 5. The following witnesses were examined on behalf of the prosecution for the purpose of proving the charges: i. P.W. 1 Victim ii. P.W. 2 Father of the victim iii. P.W. 3 Dr. Ajay Mohan Sharma (Medical officer who examined the slide of the accused) iv. P.W. 4 Const. Balam Singh (Scribe of FIR) v. P.W. 5 Pradeep Sah, Principal of the victim’s school. vi. P.W. 6 Dr. Yuki Bhutia (Medical officer of the Victim) vii. P.W. 7 SI Siraj Ahmad (Investigating officer) 6. After the prosecution concluded its evidence, the statement of accused-Vijay Singh was recorded under Section 313 Cr.P.C., wherein the accused denied the alleged incident and stated that the witnesses had given false testimony and he denied all the evidence of the prosecution. In the additional statement, it was pleaded that “he has been falsely implicated, he had asked for tuition money, then there was an altercation with the victim’s father, due to which he has been falsely implicated, he is innocent.” Even after being given an opportunity by the Court, no oral or documentary evidence was presented in support of his statement by the accused. 7. The prosecution case is that: "On 23/02/2015, at around 8.00 am, the victim had gone to her school, JPS Rudrapur Udham Singh Nagar. 7. The prosecution case is that: "On 23/02/2015, at around 8.00 am, the victim had gone to her school, JPS Rudrapur Udham Singh Nagar. The complainant and the family of the complainant kept waiting for her the whole day, but she did not come back, the complainant searched at all possible places. The victim was 13 years’ old and was wearing white and black coloured clothes. After registration of the case, the accused was arrested by the police from Rudrapur Roadways Station on 12/03/2015 at 13:00 hrs, and the victim was recovered from his custody. The victim was sent for medical examination, no visible injuries were found on the victim in the examination." 8. The prosecution relied upon the statement of the Victim (P.W.1) recorded by the prosecution before the Court under Section 164 of CrPC. The prosecution stated before the Court that the victim supported the prosecution story before the Court. The following statement was made by the victim: - "On 23/02/2015, I left in the morning, at that time I missed the bus, I started walking, on the way I met my Tuition Sir-Ajay Tomar. I asked Sir to drop me to the School. Ajay Sir made me sit on the bike and took me to his house. I said that I am getting late for the School, then he said that I would talk to the teacher in the School. Ajay Sir gave me sweets to eat, after eating which I became unconscious. After that, I regained consciousness in Kashipur Bus, I asked for water and I became unconscious again. The people in the Bus were saying, that is why I came to that it was Kashipur. Then, I regained consciousness in the bus in Rajasthan. People were talking that there is Hawa Mahal here, from this I came to know that this is Rajasthan. When I started crying, Ajay Singh threatened me that if I would cry, he would sell me. His real name is Vijay Singh. A house was taken on rent in Sector 6 at Udaipur. We stayed there for 12-13 days. Ajay Singh raped me every day, and I used to cry but Ajay Singh used to rape me every day. Then Ajay Singh started saying to me that I am taking you to your father. Tell him that he will get us married. A house was taken on rent in Sector 6 at Udaipur. We stayed there for 12-13 days. Ajay Singh raped me every day, and I used to cry but Ajay Singh used to rape me every day. Then Ajay Singh started saying to me that I am taking you to your father. Tell him that he will get us married. When Ajay Singh and I came to Rudrapur, we were caught by the police." 9. The victim (P.W. 1) further made an important statement on being asked by the Court that: - “The accused is married. I have now come to know that he has two children as well. He had advised me to apply vermillion by pretending to be married. When I refused, he started taking me to railway tracks to kill me. He used to beat and frighten me a lot.” 10. In his Statement, the complainant (P.W. 2), who is the father of the victim, stated that: - “The age of the victim was 13 years at the time of the incident. On 23/02/2015, at 08:00 am, when she was going to the School, the accused took her to his room on his motorcycle on the pretext of giving her a lift to the School and raped her against her will, in respect of which a typed complaint was given in the Police Station on 24/02/2015, which the witness identified and he also identified his signature on the complaint, on the basis of which, Exhibit A-2 was marked on it.” 11. Thus, the prosecution story was proved by the complainant (P.W.2) that his daughter was lured away by the accused, and he kept searching for his daughter from place to place for a whole day and when he was not able to find her, this report was got lodged by him in the Police Station. 12. As regards the medical evidence, the prosecution examined P.W. 3-Dr. Ajay Mohan Sharma, who had examined the vaginal slide of the victim, which was received on 13/03/2015 for examination. This witness stated that sperm was not found in both the slides, which were prepared from vaginal discharge, and the witness identified the pathology report Paper No. 3A/21 to be in his writing and signature, on which Exhibit A-3 was marked. 13. The prosecution also examined Dr. This witness stated that sperm was not found in both the slides, which were prepared from vaginal discharge, and the witness identified the pathology report Paper No. 3A/21 to be in his writing and signature, on which Exhibit A-3 was marked. 13. The prosecution also examined Dr. Yuki Bhutia (P.W. 6), who stated that the medical examination of the victim was done on 12.03.2015 and no visible injury was found on the external and the internal examination of the victim. She further stated that the victim told the date of her last mensuration as 26/02/2015 and her menstrual cycle started four years back and told the menstrual cycle to be regular. Taking the vaginal swab of the victim, two slides were prepared and the same were sent for pathological test and DNA test. By taking out the underwear of the victim, by sealing it, the same was handed over to the Lady Constable, who accompanied her. The hymen of the victim was old and torn. This witness identified the preparation of the medical report of the victim in her writing and signature, and stated that it was not possible to give any clear opinion regarding the rape of the victim. 14. The evidence presented by the prosecution in the present case, mainly the statement of the victim, clearly show that the accused lured a minor girl, who was only 13 years, into his love and took her away from the house of her parents and had physical relations with her without her consent. 15. After going through all the evidence produced by the prosecution before the Trial Court, the Trial Court observed that from the evidence it was clear that there was a love affair between the victim and the accused, and the victim got into conversation with the accused and under his influence, she left her house and went with him. In the above case, the statements of the victim and other witnesses completely support the prosecution story, and it does not appear anywhere that this case was filed out of any ill will or because of any fight with the accused or because of any money. In the present case, the accused established physical relations with the victim and for fulfilling his lust he spread the web of love affair. The guilt of the accused is clearly shown and proved beyond reasonable doubt by the prosecution. In the present case, the accused established physical relations with the victim and for fulfilling his lust he spread the web of love affair. The guilt of the accused is clearly shown and proved beyond reasonable doubt by the prosecution. As far as the charge of Section 328 of IPC levelled against the accused is concerned, the Trial Court observed that since it had been proved that the accused had taken the victim by luring her and not by giving intoxicating substances, in such a situation, the charge of Section 328 of IPC against the accused was not found to be proved beyond doubt. The Trial Court, accordingly, convicted the accused under Sections 376 (2), 363, 365, 366 of IPC and Section 6 of the POCSO Act. 16. The pivotal issue to be determined in this appeal is whether the prosecution has successfully proven the appellant's guilt beyond reasonable doubt based on the evidence presented. Additionally, it must be assessed whether the Trial Court's decision to impose the punishment, as stated in the impugned judgment, was justified. 17. Heard learned counsels for the appellant as well as the State. 18. Children are invaluable assets to our nation, embodying the promise of our future. The well-being and protection of children, especially girls, is paramount, as they often find themselves in precarious situations. In our country, girls are particularly susceptible to various forms of exploitation, including sexual assault and abuse. Such exploitation is not only a grave crime but also a violation against humanity and society. Thus, children, and girls in particular, deserve comprehensive protection and care, whether they reside in urban or rural areas. As established in the State of Rajasthan vs. Om Prakash (2002) 5 SCC 745 , the judiciary has a critical responsibility to provide robust legal protection to children. This sentiment was echoed in Nipun Saxena vs. Union of India (2019) 2 SCC 703 , where the Court emphasized that minors subjected to sexual abuse require more protection than adult victims. Adults may possess a certain resilience to endure social exclusion and psychological abuse, yet minors are markedly more susceptible and ill-equipped to cope with such societal stresses. Additionally, numerous offenses against minors remain undisclosed, often perpetrated by family members or trusted acquaintances. This underscores the critical necessity for enhanced safeguards for children. Adults may possess a certain resilience to endure social exclusion and psychological abuse, yet minors are markedly more susceptible and ill-equipped to cope with such societal stresses. Additionally, numerous offenses against minors remain undisclosed, often perpetrated by family members or trusted acquaintances. This underscores the critical necessity for enhanced safeguards for children. Consequently, there should be no room for leniency towards individuals found guilty under the POCSO Act, 2012, particularly when their culpability is firmly established through substantial evidence presented in a Court of law. 19. The record clearly reveals that the accused was the tuition teacher of the victim, who was a minor girl of 13 years of age at the time of the incident. The accused lured her into his love and took her away from the house and raped her. Not only did he take the victim with him, he kept the victim in confinement pretending to be married and asked her to keep the vermillion filled in her maang, and had physical relations with her several times. The entire episode of the crime is established and proven by the statements of the victim and the prosecution witnesses, and the same has been proven beyond reasonable doubt. 20. The present facts of the case sufficiently complete the circumstantial chain of the events and also corroborate with the statements of the victim (P.W. 1) and the prosecution witnesses, mainly the complainant (P.W. 2). The Trial Court has rightly observed that when the statements of the prosecution witnesses, especially of the victim is very strong to prove the prosecution story and there are no statements in her cross-examination, which cast doubt on the prosecution story, meaning thereby, there is no need to prove the same in the prosecution story from the beginning till the end. 21. Therefore, in our opinion, there is no need to interfere with judgment of the Trial Court as the same was concluded after evaluating the evidence correctly and forming the circumstantial chain of evidence completely. 22. This Court has directed the District Legal Services Authority, Udham Singh Nagar to visit the house of the victim in plain clothes and get in touch with the father of the victim and deposit the compensation as per the Government Policy, 2019 in the account of the victim or her father, either way. 23. 22. This Court has directed the District Legal Services Authority, Udham Singh Nagar to visit the house of the victim in plain clothes and get in touch with the father of the victim and deposit the compensation as per the Government Policy, 2019 in the account of the victim or her father, either way. 23. This Court now issues direction to the District Legal Services Authority, Udham Singh Nagar to file a status report in this High Court regarding whether the compensation has been provided to the victim or her father till date or not. The report shall be filed within four weeks of receiving this order. 24. Accordingly, the appeal is, hereby, dismissed on the basis of the above discussion. 25. Pending application(s), if any, also stand disposed of accordingly.