The judgment establishes the importance of the victim child's evidence, the competency of child witnesses, and the need for stern punishment in cases of child sexual abuse.

JUDGMENT

(Prayer: Crl.A.No.245 of 2016 : APPEAL under Section 374 of the Criminal Procedure Code against the judgment, conviction and sentence rendered by the learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Tiruppur, Tiruppur District in S.C.No.87 of 2012 dated 16.3.2016.

Crl.A.No.154 of 2017 : APPEAL under Section 377 of the Criminal Procedure Code against the same judgment, conviction and sentence rendered by the learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Tiruppur, Tiruppur District in S.C.No.87 of 2012 dated 16.3.2016.)

Common Judgment:

Crl.A.No.245 of 2016 has been filed by the appellant/accused aggrieved by his (i) conviction under Section 376(2)(f) of the Indian Penal Code (hereinafter called the Code) and (ii) sentence to undergo three years rigorous imprisonment and to pay a fine of Rs.10,000/- and in default, to undergo one year rigorous imprisonment.

2. Crl.A.No.154 of 2017 has been filed by the State seeking for enhancement of the punishment imposed on the accused in the same judgment on the ground that the Trial Court failed to impose the minimum sentence that has been prescribed under Section 376(1) of the Code.

3. The case of the prosecution is as follows :

(i) The victim girl - P.W.2 was aged about 5 years at the time of occurrence. On 27.1.2010 at about 5 PM, the accused, who was a neighbour, was said to have taken the victim girl into his house, removed the undergarments of the victim girl and committed penetrative sexual assault against the victim girl. The victim girl told her parents that she was experiencing pain in her vagina. When enquired by the mother, the victim girl explained about the incident.

(ii) A complaint - Ex.P.1 was given by P.W.1 - the father of the victim girl on 04.2.2010 at about 21 hours before P.W.9 - the Sub-Inspector of Police, All Women Police Station, Tiruppur. P.W.9, on receipt of the complaint, registered the first information report - Ex.P.9 in Cr.No.7 of 2010 for offences under Sections 376 and 506(ii) of the Code. P.W.9 thereafter forwarded the first information report to P.W.10 - the Inspector of Police, North Police Station, who was in charge of the All Women Police Station, Tiruppur at the relevant point of time.

(iii) P.W.10 took up the investigation and he went to the scene of crime at about 21.40 hours on 04.2.2010 and prepared the observation mahazar marked as Ex.P.2 and the rough sketch marked as Ex.P.10 in the presence of witnesses. He also recorded the statements of the victim girl, her parents and other neighbours. On 05.2.2010 at about 6 AM, the accused was arrested, produced before the Court concerned and remanded to judicial custody. Thereafter, a requisition was made to the Court concerned for conducting medical examination of the victim girl and the accused.

(iv) The victim girl was examined by P.W.6 - the doctor and through her, Ex.P.8 was marked. As per the report of P.W.6, no injuries were found over the medial aspect of both thighs and perineum. However, it was found that hymen was not intact (injured) and that this had given the evidence of intercourse.

(v) The accused was examined by P.W.5 - the doctor and through him, Ex.P.7 report was marked, which would show that there was no anatomical reason to conclude that the accused was impotent.

(vi) P.W.10 thereafter went on transfer and the investigation was taken up by P.W.11. The Investigation Officer recorded the evidence of the remaining witnesses, collected medical reports and ultimately laid the charge sheet on 13.12.2010 before the Judicial Magistrate No.1, Tiruppur. It was taken on file as P.R.C.No.41 of 2010.

(vii) The accused appeared before the Court concerned and was served with the copies under Section 207 of the Criminal Procedure Code (for b