The main legal point established in the judgment is the application of presumptions under the POCSO Act, particularly Sections 29 and 30, in cases of sexual offences against children.

JUDGMENT :

R. Hemalatha , J.

(Prayer: Criminal Appeal filed under Section 374 of Criminal Procedure Code, 1973, against the judgment and order, dated 20.12.2018 made in Spl.S.C.No.10 of 2016 on the file of the learned Sessions Judge, (Fast Track) Mahila Court, Theni.)

1. This criminal appeal has been filed against the judgment and order dated 20.12.2018 in Spl.S.C.No.10 of 2016 on the file of the Sessions Judge, Fast Track Mahila Court, Theni, in and by which, the appellant was convicted for an offence punishable under Section 6 of the Protection of Children from Sexual Offences Act and sentenced to undergo Life Imprisonment and to pay a fine of Rs.10,000/-, in default, to undergo two years Rigorous Imprisonment. Challenging the said conviction and sentence, the appellant has come up with this Criminal Appeal.

2. The prosecution theory runs thus:

i. The appellant was married to Malar (P.W-1) and they were blessed with a girl baby 'x' (the victim). P.W-1 is the third wife of the appellant. His first and second wives are no more. Through the first wife, the appellant has three children. All of them were residing together in Murugan Kovil street, Muthuthevanpatti Village along with the mother of the appellant.

ii. On 19.07.2015 at about 10.00 p.m, when the girl child 'x' aged 2 years was sleeping in a cradle in their house, the appellant was found by Malar (P.W-1), sucking the private parts of the child. When P.W-1 confronted the appellant, the appellant threatened her with dire consequences.

iii. On 20.07.2015, P.W-1 took her child to Theni Government Medical College Hospital where Dr.Santhanalakshmi examined the child and admitted her as an inpatient.

iv. Tmt.Neelavani (P.W-13), Sub Inspector of Police, All Women Police Station, Theni, as per the orders of the Deputy Superintendent of Police proceeded to Theni Government Medical College Hospital on 21.07.2015 at about 11.30 hours and recorded the statement of the child's mother Malar (P.W-1) in the presence of Child Welfare Committee member and thereafter came down to the police station and registered an FIR in Crime No. 22/15 for the offences punishable under Sections 10 of Protection of Children from Sexual Offence Act, 2012 and Sections 323 and 506 Part I IPC against the appellant. She sent the FIR (Ex.P8) to Mahila Court, which reached the Court on 21.07.2015 at about 7.00 p.m., as could be seen from the endorsement made thereon. She then placed the entire records to Tmt.Muthulakshmi (P.W-14), Inspector of Police for further investigation.

v. P.W-14 took up investigation in All Women Police Station Crime No.22/15, went to the scene of offence and prepared an observation mahazar (Ex.P2) in the presence of Thiru.Sannasi (P.W-2) and a rough sketch(Ex.P9). On the same day, she arrested the appellant near Veerapandi auto stand and produced him before the concerned Court for judicial custody. vi. In the meanwhile, P.W-14 also sent a requisition letter to the Hospital for medical examination of the child on 21.07.2015. Dr.K.G.Juliana Jeyanthi (P.W-11) examined the child on 21.07.2015 and noted the following:

“The person examined was moderately built and moderately nourished. Her physical and mental status were normal for her age alleged. Pervaginal examination, Hymen-intact, Tenderness+. Labioum mojora and minora were red and oedematous. Redness in the vulva++”

The certificate of examination of sexual offence was marked as Ex.P6.

vii. P.W-6 also collected vaginal swab/smear and sent the same to the Forensic Lab through police. The appellant was also subjected to medical examination and he was sent to Theni Government Medical College Hospital, Theni on 01.08.2015 along with Tmt.Kalaiselvi(P.W-5) Head Constable of Police and Thiru. Rajkumar (P.W-8) Constable of Police.

viii. Dr.Arumkumar(P.W-6) examined the appellant and collected his saliva and blood and handed over the same to Tmt.Kalaiselvi (P.W-5) for onward submission to Forensic Science Laboratory, Madurai, for analysis. According to Dr.A