JUDGMENT : Goutam Bhaduri, J. 1. The present appeal is against the judgment dated 06.02.2021 passed by the learned Additional Sessions Judge (F.T.C), Bastar Jagdalpur in Special Sessions Trial No.57 of 2020 whereby the appellant was convicted under sections 376(a) & (b) of IPC and section 6 of the Protection of Children from Sexual Offences Act and was sentenced to undergo R.I., for 20 years and to pay a fine of Rs.10,000/- with further default stipulation. 2. The case of the prosecution is that on 21.10.2020 the four years old victim girl whose date of birth was 01.01.2016 was left in the house by her mother as the mother had gone to work. When the mother came back at 11.00 p.m., the victim girl (P.W.1) informed her mother that she was handled by the appellant accused. Having asked properly in detail, the victim has stated that the accused appellant inserted the hand into her vagina. Thereafter, when the accused was called and confronted with his act, they were threatened and eventually the mother of victim lodged a report. With the consent of mother, the child was medically examined and other evidence was also obtained. The evidence including the statements were recorded. Thereafter the charge sheet was filed. 3. During the course of trial, the appellant abjured his guilt and claimed to be tried. The prosecution in this case examined as many as 9 witnesses and exhibited 22 documents. Apart from that, X-Ray articles were produced. The defence examined one witness. The learned Sessions Judge, after evaluating the facts and evidence, convicted the accused as aforesaid. Hence, this appeal. 4. Learned counsel for the appellant would submit that because of the previous enmity with the father of victim, the appellant has falsely been implicated. He further submits that the medical evidence of the victim does not support the happening of the event, therefore, the conviction could not have been made merely on the statement of victim. He would further submit that alongwith the victim, other girl was also there, however, the statement of such independent evidence was not recorded that makes the prosecution case doubtful. He would submit that under the circumstances, the accused could not have been convicted merely on the statement of victim. Accordingly, the appeal is liable to be allowed and the conviction and sentence is liable to the set aside. 5. He would submit that under the circumstances, the accused could not have been convicted merely on the statement of victim. Accordingly, the appeal is liable to be allowed and the conviction and sentence is liable to the set aside. 5. Per contra, learned counsel for the State would submit that the victim in the instant case was aged about 4 years and her statement in chiefexamination and cross-examination remain unrebutted. She further submits that the statement of victim girl is corroborated by the medical evidence which would lead to evidence that the offence u/s 3(b) of the POCSO Act stands proved. He further submits that though the enmity has been projected but nothing is on record to appreciate, therefore, the conviction is well merited which do not call for any interference. 6. We have heard learned counsel for the parties. Perused the evidence. According to the case of prosecution on the date of incident on 21.10.2021 while the 4 years old victim girl was left at home and the mother went out for job, the aggravated penetrative sexual act was committed . The penetrative sexual act was defined u/s 3 of the POCSO Act. The relevant part of section 3(b) purports that the penetrative sexual act will take within its sweep if the accused inserts to any extent any object or a part of the body, not being the penis, into the vagina, the urethra or anus of the child or makes the child to do so with him or any other person. In order to prove the age of the child, the prosecution relied on the Aadhar Card Article 1C and the X-Ray report is on record. According to such report, the age of the victim was in between 3-6 years, which is proved by the statement of P.W.5, the Radiologist Dr.GS. Therefore, primarily the age of the victim was below 12 years which was proved by the prosecution. Apart from this, the physical appearance of the girl was made and while the victim appeared before the Court, her age was recorded as 4 years. The intellectual preference of the child was recorded by the Court and after reading the statement of girl, we are of the view that she was able to understand the questions posed to her. Apart from this, the physical appearance of the girl was made and while the victim appeared before the Court, her age was recorded as 4 years. The intellectual preference of the child was recorded by the Court and after reading the statement of girl, we are of the view that she was able to understand the questions posed to her. The statement would reveal that accusation is made that the appellant had inserted his finger into the private part from which she urinates. She further states that she has made this complaint to her mother and thereafter she was taken to police. In the cross examination to the witness victim, though suggestion was made but she remained firm to the statement made about happening of such event. 7. The mother of the victim was examined as P.W.3. She states that on the date of incident on 21st October, 2020, she went for job and came back at about 11.00 p.m., in the night and during such time, the victim was in the company of A and B and was sleeping in their house. She further states that the doctor informed her that the appellant has inserted his finger into the vagina, as such, she was having pain. She further states that the accused used to visit their house, therefore, he was known to her. She confronted this fact to the accused but he reciprocated with aggression and after this fact was informed to the husband, it was reported. 8. The further evidence is that of a lady doctor NT ( P.W.2). She examined the victim immediately within a reasonable period of the incident took place on 22.10.2020. She found the tenderness on her private part and the report was given by Ex.P-1. A perusal of the report Ex.P-1 fortifies the fact of tenderness on the private part but the circumstances were not revealed. The statement of child witness P.W.1 which is corroborated by the medical evidence of P.W.2 Dr.NT and the statement of mother who corroborated shows that the appellant has committed the aforesaid act. 9. The Supreme Court in Shivasharanappa Versus State of Karnataka (2013) 5 SCC 705 held that the testimony of a child witness can be relied when such testimony forms the basis of conviction. 9. The Supreme Court in Shivasharanappa Versus State of Karnataka (2013) 5 SCC 705 held that the testimony of a child witness can be relied when such testimony forms the basis of conviction. It further lays down that even if the corroboration is not required but as a rule of prudence, the Court can deem it desirable to get the statement corroborated and the solitary statement can also be relied on. Para 17 of the said decision is relevant and quoted below: “17. Thus, it is well settled in law that the court can rely upon the testimony of a child witness and it can form the basis of conviction if the same is credible, truthful and is corroborated by other evidence brought on record. Needless to say, the corroboration is not a must to ‘record a conviction, but as a rule of prudence, the court thinks it desirable to see the corroboration from other reliable evidence placed on record. The principles that apply for placing reliance on the solitary statement of the witness, namely, that the statement is true and correct and is of quality and cannot be discarded solely on the ground of lack of corroboration, apply to a child witness who is competent and whose version is reliable.” 10. The statement of Doctor (P.W.2) would show that the victim was examined immediately after the incident and on going through the statement of victim P.W.1 who was of tender age of 4 years, it shows that she stood firm to her statement of commission of offence and it is settled principle that the conviction can be sustained on the sole testimony of prosecutrix if it inspires confidence. Reliance is placed on State (NCT of Delhi) Versus Pankaj Chaudhary (2019) 11 SCC 575 wherein the law laid down by the Supreme Court in Vishnu versus State of Maharashtra (2006) 1 SCC 283 has been reiterated. Para 29 is relevant here and quoted below: “29. It is now well-settled principle of law that conviction can be sustained on the sole testimony of the prosecutrix if it inspires confidence. [Vishnu Versus State of Maharashtra (supra). Para 29 is relevant here and quoted below: “29. It is now well-settled principle of law that conviction can be sustained on the sole testimony of the prosecutrix if it inspires confidence. [Vishnu Versus State of Maharashtra (supra). It is well-settled by a catena of decisions of this Court that there is no rule of law or practice that the evidence of the prosecutrix cannot be relied upon without corroboration and as such it has been laid down that corroboration is not a sine qua non for conviction in a rape case. If the evidence of the victim does not suffer from any basic infirmity and the “probabilities factor” does not render it unworthy of credence, as a general rule, there is no reason to insist on corroboration except from medical evidence, where, having regard to the circumstances of the case, medical evidence can be expected to be forthcoming. [State of Rajasthan v. N.K. (2000) 5 SCC 30 .” 11. In a case of like nature in Nawabuddin Versus State of Uttarakhand reported in (2022) 5 SCC 419 , the object of the POCSO Act was elaborately considered. Paras 13, 14, 17 & 18 which are relevant for adjudication of the case are quoted below : “13. As it can be seen from the statement of Objects and Reasons of the POCSO Act since the sexual offences against children were not adequately addressed by the existing laws and a large number of such offences were neither specifically provided for nor were they adequately penalised, the POCSO Act has been enacted to protect the children from the offences of sexual assault, sexual harassment and pornography and to provide for establishment of special courts for trial of such offences and for matters connected therewith and incidental thereto. 14. At this stage, it is required to be noted that the POCSO Act has been enacted keeping in mind Articles 15 and 39 of the Constitution of India. Article 15 of the Constitution, inter alia, confers upon the State powers to make special provision for children. Article 39, inter alia, provides that the State shall in particular direct its policy towards securing that the tender age of children are not abused and their childhood and youth are protected against exploitation and they are given facilities to develop in a healthy manner and in conditions of freedom and dignity. Article 39, inter alia, provides that the State shall in particular direct its policy towards securing that the tender age of children are not abused and their childhood and youth are protected against exploitation and they are given facilities to develop in a healthy manner and in conditions of freedom and dignity. To achieve the goals as per Articles 15 and 39 of the Constitution, the legislature has enacted the Protection of Children from Sexual Offences Act, 2012. 17. Keeping in mind the aforesaid objects and to achieve what has been provided under Articles 15 and 39 of the Constitution to protect children from the offences of sexual assault, sexual harassment, the POCSO Act, 2012 has been enacted. Any act of sexual assault or sexual harassment to the children should be viewed very seriously and all such offences of sexual assault, sexual harassment on the children have to be dealt with in a stringent manner and no leniency should be shown to a person who has committed the offence under the POCSO Act. By awarding a suitable punishment commensurate with the act of sexual assault, sexual harassment, a message must be conveyed to the society at large that, if anybody commits any offence under the POCSO Act of sexual assault, sexual harassment or use of children for pornographic purposes they shall be punished suitably and no leniency shall be shown to them. Cases of sexual assault or sexual harassment on the children are instances of perverse lust for sex where even innocent children are not spared in pursuit of such debased sexual pleasure. 18. Children are precious human resources of our country; they are the country’s future. The hope of tomorrow rests on them. But unfortunately, in our country, a girl child is in a very vulnerable position. There are different modes of her exploitation, including sexual assault and/or sexual abuse. In our view, exploitation of children in such a manner is a crime against humanity and the society. Therefore, the children and more particularly the girl child deserve full protection and need greater care and protection whether in the urban or rural areas.” 12. In the instant case, this fact cannot be ignored that the victim was in tender age of 4 years. Therefore, the children and more particularly the girl child deserve full protection and need greater care and protection whether in the urban or rural areas.” 12. In the instant case, this fact cannot be ignored that the victim was in tender age of 4 years. While the mother left the victim in the company of neighbors as she had to go for her livelihood and when came back to the home, the victim informed and complained about the incident happened with her. She was immediately taken to the Police station and was medically examined. The tenderness at private part of victim proves and corroborates the fact stated by P.W.1 the victim about the penetrative sexual act committed by the accused. Therefore, taking into consideration the manner in which the offence committed by the appellant, we are not inclined to interfere with the conviction and sentence imposed by the learned ASJ. Accordingly, the appeal is dismissed.