JUDGMENT :

Prayer: Criminal Appeal filed under Section 374(2) of the Code of Criminal Procedure, against the judgment of conviction and sentence, dated 29.01.2016 passed in S.C.No.113 of 2013, by the learned Sessions Judge (Fast Track Mahila Court), Nagercoil, Kanyakumari District.

1. This appeal is directed against the conviction and sentence dated 29.01.2016, passed in S.C.No.113 of 2013, by the learned Sessions Judge (Fast Track Mahila Court), Kanyakumari District at Nagercoil.

2. The appellants are arrayed as Accused Nos.1 and 2 in the above referred case. The first accused stood charged for the offence under Sections 4, 7 and 8 of the Protection of Children from Sexual Offences Act, 2012 [hereinafter referred to as ''the POCSO Act'']. The second accused stood charged for the offence under Sections 294(b) and 506(i) IPC. The accused pleaded innocence and opted for trial. After full-fledged trial, the learned Sessions Judge (Fast Track Mahila Court), Kanyakumari District at Nagercoil, came to the conclusion that the first appellant/first accused is guilty of offence under Section 4 of the POCSO Act and convicted and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000/-, in default, to undergo rigorous imprisonment for six months. Further, it was concluded that the second appellant/second accused is guilty of offence under Section 294(b) IPC and ordered to pay a fine of Rs.1,000/-, in default, to undergo simple imprisonment for one month. In respect of other charges framed against the appellants, the trial Court acquitted them in terms of Section 235(1) Cr.P.C.

3. Challenging the said conviction and sentence, the appellants are before this Court with this criminal appeal.

4. The case of the prosecution is as follows:-

(i) P.W.1 – Kannaki is the mother of the victim child. She has got two female children viz., the victim child and another. P.W.3 - Suresh is her husband. P.W.1 knows both the accused. During the relevant point of time, the victim child was aged about 6 years and studying in U.K.G. On the day of occurrence, i.e., on 12.03.2013 due to Mandaikadu Amman Temple festival, the school, in which the victim child has studied, declared holiday and hence, P.W.2 victim child was in her house along with her mother [P.W.1] and grandmother - Kaliyammal [P.W.17]. Since the mother of P.W.1 viz., Suseela was not well, P.W.1 took her to the Hospital and she left behind her elder daughter viz., the victim child with her grandmother - Kaliyammal [P.W.17] and P.W.1 gave one rupee to her to buy chocolates. After she returned from the Hospital at 10.30 a.m., the victim child was telling something to her grandmother and was crying and when P.W.1 asked her daughter why she was crying, her daughter told that when she got chocolates from the shop of the first accused Murugan, he after giving chocolates, caught her and took her to his house, closed the door and took his male organ and inserted it in her mouth and also rubbed it on her breast and on her private parts. Immediately, P.W.1 took her daughter to the shop of the first accused and when P.W.1 questioned the first accused, he replied that he did not to do anything and hence, P.W.1 came back to her house with her daughter. At that time, since her husband was working in Trichy, she conveyed the incident to him after six days i.e., on 18.03.2013. Immediately, after knowing the same, P.W.3, who is the father of the victim child, came to his native place from Trichy on 19.09.2013 and he along with his wife went to the house of the first accused - Murugan at 09.30 a.m., but he was not there and only his wife viz., the second accused - Anandhi was in the house and when P.W.1 and her husband - P.W.3 asked the second accused about the occurrence, she scolded P.W.1 in filthy language. Thereafter, P.W.1, P.W.3 and the victim child went to All Women Police Station, Nagercoil, and lodged a complaint under Ex.P.1 before P.W.18.

(ii) P.W.18 - Shanthi, the then Sub-Insp