JUDGMENT :

N. ANAND VENKATESH, J.

This Criminal Appeal has been filed against the judgment and order passed by the Sessions Judge, Special Court for POCSO Act Cases, Cuddalore, in Spl.S.C.No.64 of 2019 dated 23.12.2020, convicting and sentencing the accused/appellant in the following manner:

2. The case of the prosecution is as under :

2.1. The victim child aged about 6 years was playing near Mariamman temple and the appellant (A-1) is said to have lewd the child as if he is going to get her chocolate and took the child to a building belonging to the local body and laid her on the floor, removed her inner garments and committed penetrative sexual assault on her. While doing this act, he had closed her mouth with his hand to ensure that the child did not make any noise. The appellant also threatened the child not to inform about this incident to anyone.

2.2. After this incident, the child came back home and slept. She was woken up by her mother at 09.30 p.m. and the child was running temperature. After a lot of persuasion, the victim child informed her mother about the incident. The mother of the victim child went and questioned the sister of the appellant viz., Manjula (A-2) about this incident and the said Manjula (A-2) is said to have abused the parents of the victim child in filthy language and threatened them.

2.3. The mother of the victim child gave a complaint (Ex.P1) before the AWPS, Vridhachalam at 09.00 a.m. on 15.02.2019 and an FIR (Ex.P6) came to be registered in Crime No.2 of 2019 for the offences under Sections 5(m) and 6 of the POCSO Act and Section 376-AB, 294(b) and 506(I) IPC as against the appellant and his sister Manjula.

2.4. The investigation was taken up by P.W.6 and she went to the scene of crime and prepared the observation mahazar (Ex.P7) and a rough sketch (Ex.P8), in the presence of P.W.3. The victim child was sent for medical examination to the Dr. (P.W.5) and (P.W.5), on examination of the victim child, gave an opinion that there is a possibility of sexual offence/ assault and the report of (P.W.5) was marked as ExP5.

2.5. The Investigating Officer (P.W.6) recorded the statement of witnesses under Section 161(3) Cr.P.C. and gave a requisition to the learned District Munsif-cum-Judicial Magistrate, Tittagudi, to record the statement of the victim child under Section 164 Cr.P.C. Accordingly, statement of the victim child was recorded on 28.02.2019 under Section 164 Cr.P.C. and the same was also marked as Ex.P10. In the course of the investigation, the appellant was arrested on 15.02.2019 at 13.30 hrs. and remanded to judicial custody. The appellant was also subjected to medical examination by P.W.4 and the report submitted by P.W.4 was marked as Ex.P4.

2.6. The I.O. (P.W.6), after completing the investigation, laid the final report before the Court below and the same was taken on file in Spl.S.C.No.29 of 2019. Summons were issued to the accused and on their appearance, copies were served on them under Section 207 Cr.P.C. The Court below framed the following charges against the accused persons:

2.7. The prosecution examined P.W.1 to P.W.6 and marked Ex.P1 to Ex.P11. On completion of the trial, the incriminating materials were put to the accused persons and they were questioned under Section 313(1)(b) Cr.P.C. and they denied the sam