The reliability of the victim's testimony and the medical examination played a crucial role in establishing the guilt of the accused in a case of sexual assault.

JUDGMENT

(Prayer: Criminal Appeal is filed under Section 374 (2) of Criminal Procedure Code, to call for the records of the judgment passed in Special C.C.No.6 of 2016 dated 18.07.2017 on the file of the Sessions Judge, Magalir Neethimandram (Mahila Court), Coimbatore in Crime No.652 of 2014 on the file of the respondent Police Station and set aside the same and acquit the appellant/sole accused.)

1. The appellant herein tried for offence under Section 506 (i) of I.P.C and Sections 3 r/w 5 (m) r/w 6 of Protection of Children from Sexual Offences Act, 2012, was found guilty and sentenced to undergo one year R.I for offence under Section 506(i) of I.P.C and 12 years R.I with fine of Rs.5,000/-, in default, to undergo 6 months S.I, for offence under Section 3 r/w 5 (m) r/w 6 POCSO Act, – 2012.

2. The said judgment of conviction and sentence passed by the Learned Sessions Judge, Magalir Neethimandram, (Mahila Court), Coimbatore, vide dated 18.07.2017, is under challenge in this Criminal Appeal.

3. The case of the prosecution is that, on 17.08.2014, at about 10.00 p.m., the victim girl aged about 9 years pursuing VI standard. While she was sleeping in her house, the accused entered her house and sexually assaulted the minor girl by hugging, kissing, pressing her private part and forcing her private part of the victim girl. When the victim girl, cried out of pain and raised alarm, the accused ran away from the house. The mother of the victim girl gave a complaint to the police on 20.08.2014 and same was taken up for investigation. Final report filed against the accused person under Sections 3 r/w 5(m) r/w 6 of POCSO Act, 2012 and 506 (i) of I.P.C.

4. The prosecution has examined 14 witnesses, marked 17 documents. As per the prosecution witnesses, the victim and the accused are residence of Nagarajapuram, Coimbatore. The accused was staying in the house of P.W.9 (Sakthivel). The victim girl was pursuing her studies along with her younger brother at St.Joseph High School. The mother of the victim girl (P.W.2) is the Sanitary worker employed in a private hospital at Coimbatore. The father of the victim girl (P.W.3) Saravanakumar is Coolie worker. The accused knowing that, the parents of the victim girl are not in their house on 16.08.2014. The accused forced the minor girl to sit on his lap and sexually harassed her. When the minor girl resisted, the accused threatened her dire consequence, if she reveals it to others. Fearing the consequence, the minor girl did not disclose it to her parents. Taking advantage of the same, i.e., on 17.08.2014, at about 9.00 p.m., entered the house of the victim girl, saw the victim girl and her brother sleeping and then, went to victim girl, hugged her and removed her dress and had committed penetrative sexual assault. For the said offence, charge under Section 506(i) of I.P.C and Section 5 (m) r/w 6 of POCSO Act 2012 was framed. The incident came to light when the father of the victim girl returned home at about 10.00 p.m. He, immediately, informed P.W.2, the mother of the victim girl. She was at night duty at Private Hospital, Coimbatore. She came morning, enquired her daughter and after confirming that, she had been sexually assaulted by the accused, had lodged the complaint (Ex.P.2). The respondent police, based on the complaint, had registered the First Information Report in Crime No.652 of 2014, is the document marked as Ex.P.14.

5. The trial Court, on relying upon Section 164 of Cr.P.C., statement of the victim girl, which is marked as Ex.P.1 and her deposition, being satisfied that the girl less than 18 years of old, as per the birth certificate (Ex.P.3) been subjected to penetrative sexual assault by the accused and therefore, convicted and sentenced the accused as stated supra.

6. In the appeal, the Learned Counsel for the appellant submitted that, the statement of the victim girl child was not recorded at her residence or at the place where she usually reside. The statement was not recorded as per