The main legal point established is the significance of the child's testimony in cases of sexual assault, the presumption under Section 29 of the POCSO Act, and the need for proper protection of the child's identity during trial.

JUDGMENT

conviction and sentence passed by the learned Principal Sessions Judge (Mahila Court), Pudukkottai, made in Special Session Case No.28 of 2018 dated 03.08.2019.)

R. Subramanian, J. & N. Sathish Kumar, J.

1. Aggrieved over the life sentence imposed by the learned Principal Sessions Judge (Mahila Court), Pudukkottai, under Section 6 of the Protection of Children from Sexual Offences Act, 2012, by Judgment dated 03.08.2019 in Special Session Case No.28 of 2018, the present appeal came to be filed by the appellant.

2. The brief facts of the prosecution is as follows:

(i) P.W.1 is the elder sister of P.W.2. P.W.2 is the mother of P.W.3, who is the victim child. After marriage, P.W.2 was residing in the joint family along with her mother-in-law, father-in-law, sister-in-law and brother of her mother-in-law in the matrimonial home along with her daughter-P.W. 3, the victim child. P.W.2's husband was working in abroad. On 03.09.2018, P.W.3 victim child complained a pain in her private parts to P.W.2. P.W.2 suspecting that there was some infections, gave water with sugar. P.W.3 also informed that the accused took her to his room tied her hands and legs in the night hours and repeatedly pressed her private parts. The grandmother of the victim girl untied her hands and legs and informed her to not to inform to any one. P.W.2 also requested her mother-in-law to allow them to sleep in the room and not in the hall, but the same was refused by her mother-in-law. When the matter stood thus, P.W.1, the sister of P.W. 2 used to visit the house of P.W.2 and on one occasion, in the year 2018, P.W.3, the victim child informed P.W.2 that the accused is frequently abusing her sexually causing pain in her private parts. P.W.1 immediately required P.W.2 to not to allow the child to sleep in the hall. However, P.W.2, expressed her inability, since she is residing in the joint family. After some time, when P.W.2 brought the victim girl to her house in Trichy, the child developed unusual conduct and whenever some other person went near her, she got frightened and cried in panic. Since P.W.3 complained of pain in her genital organs, P.W.1 took her to Government Hospital, Trichy on 08.01.2018.

(ii) P.W.8-the Doctor, Assistant Professor of MGM Government Hospital, Trichy examined P.W.3 on 08.10.2018 at about 11.14 hours. On examination, she found hymeneal tear over 1 o' clock and 8 o' clock position and issued AR copy-Ex.P9 in this regard. P.W.3 victim child has stated that the accused used to lift her to his room and used to press her genital organs with his hands.

(iii) P.W.9, the Inspector of Police, on receipt of the intimation from Government Hospital, Trichy, recorded the statement from P.W.1 and registered a case in Crime No.7 of 2018 for the offences under Sections 5(l), 5(m) 5(n) and 6 of the 'Protection of Children from Sexual Offences Act, 2012' (hereinafter referred to as 'POCSO' Act) under Ex.P-10-FIR and forwarded the FIR to the Court. He thereafter, examined P.W.2 and the victim child and forwarded the child to the hospital for taking treatment.

(iv) P.W.7-the Doctor working in the Government Hospital, Pudukkottai examined the child at 9.00 p.m. on 10.10.2018 and she did not find any external injury and issued Accident Register Copy-Ex.P8 in this regard.

(v) P.W.9, after concluding investigation, laid a final report against the accused under Sections 5(l), 5(m), 5(n) r/w Section 6 of POCSO Act.

(vi) The prosecution, in order to bring home the guilt of the accused examined as many as 9 witnesses as P.W.1 to P.W.9, marked 12 documents as Ex.P1 to Ex.P12 and one material object as M.O.1. After analyzing the oral and documentary evidence, the trial Court has found the accused guilty under Sections 5(i), 5(m) and 5(n) and thereby convicted the accused under Section 6 of POSCO Act, 2012. Assailing the same, the present appeal is filed.

3. The learned counsel appearing for the appellant would submit that the accused has been fa