JUDGMENT :

This criminal appeal has been preferred challenging the judgment of the learned Sessions Judge, Fast Track, Mahila Court, Dharmapuri, dated 30.10.2018 made in S.C.No.11 of 2017.

2. The case of the prosecution is that the accused was working as a school teacher in rural area school where the victim children / PW.3 to PW.5 were also studying. Even two years prior to the date of complaint, the accused was in the habit of causing sexual assault on the victim children by touching their shoulders, breasts and hips. On 29.06.2016, during lunch time, he sexually assaulted PW.4 by touching her on the left breast. On 30.06.2016 at about 3.20 p.m., to 3.30 p.m., when PW.2 was going to attend nature call, the accused followed her and pulled her shawl with sexual intention and thus committed sexual assault on her. On 30.06.2016 at about 9.30 a.m., he assaulted PW.3 by slapping on her left cheek and back and committed the offence under Section 10 of the POCSO Act and 323 IPC.

3. On the complaint given by PW.1 / Suresh, who is the father of PW.2, a case was registered under Section 323 IPC and Section 8 of the POCSO Act, by PW.16-Ramamurthy / the Sub Inspector of Police. PW.17- Amudhavalli / the Inspector of police took up the case for investigation and went to the place of occurrence and prepared the observation mahazar and rough sketch in the presence of the witnesses. She has also recorded the statement of the witnesses and sent the victim child/PW.3 for medical examination. Then she arrested the accused on 01.07.2016 and recorded the confession statement and then he was remanded to judicial custody. She also took steps to record 161 statement of the victim girl before the Magistrate. After medical examination, she obtained medical certificate from the doctor. She also obtained the proof of date of birth for the victim children by examining the Head Master of the School and got the relevant certificate and thereafter filed a charge sheet against the accused for the offences under Sections 323 and Section 10 of the POCSO Act.

4. After the case was taken on file and on being satisfied with the materials available, the charges were framed against the accused under Section 10 of the POCSO Act and 323 IPC. When the accused was questioned, he pleaded innocence and claimed to be tried.

5. During the course of trial, on the side of the prosecution Seventeen (17) witnesses were examined as PW.1 to PW.17 and twenty five (25) documents were marked as Ex.P1. to Ex.P25. When the incriminating evidence available on record was put to the accused and he was questioned under Section 313 Cr.P.C., he denied the same. On the side of the accused no witness was examined and no documents was marked.

6. After the conclusion of the trial and on consideration of the materials available on record, the learned trial Judge found the accused guilty for the offence under Section 323 IPC and Section 10 of the POCSO Act and convicted and sentenced the accused as follows:-

T-A-B-L-E

Rank of the accused

Charges

Findings

Punishment

Sole accused

U/s. 10 r/w.9(f)(l) of the POCSO Act

Found guilty

Convicted and sentenced to undergo 5 years Rigorous Imprisonment and to pay a fine of Rs.5,000/- for each count; in default to undergo 6 months R.I. (Total fine amt. Rs.20,000/-)

U/s. 323 IPC

Found guilty

Convicted and sentenced to undergo 3 months Rigorous Imprisonment

The Trial Court ordered the sentences to run concurrently and also granted set-off under section 428 Cr.P.C.

7. Aggrieved over the same, the accused has preferred this criminal appeal.

8. Heard the learned counsel for the appellant/accused and the learned Government Advocate (Crl.side) for the State.

9. The learned counsel for the appellant submitted that the accused was not given due opportunity to let in evidence from his side; there are material contradictions in the evidence of the victim children and their guardians; the trial Court did not appreciate the same before finding the accused guilty; the Courts should not act on t