JUDGMENT :

V. SIVAGNANAM, J.

PRAYER: Criminal Appeal filed under Section 374 of Cr.P.C. to set-aside the judgment/conviction order passed by the Sessions Judge of Magalir Neethimandram, (FTMC), Tiruppur made in Spl.C.C. No. 23 of 2020 dated 07.06.2022 under section 9(m) read with 10 of POCSO Act and sentencing him to undergo 5 years rigorous imprisonment and imposed a fine of Rs.5000/- in default to undergo further period of 6 months simple imprisonment.

1. Challenging the judgment of conviction, passed by the learned Sessions Judge of Mgalir Neethimandram, (FTMC), Tirupur in Spl. C.C. No. 23 of 2020, dated 07.06.2022, the present Criminal Appeal has been filed.

2. The prosecution case is that on 26.01.2020, the victim girl went to the house of the accused Saravanan. The daughter of the accused, viz. Pavithra is taking Dance class to the victim girl. At that time Pavithra was not in the house. The accused was alone in the house. When the victim girl entered into the house, the accused closed the door of the house. The accused hugged her and kissed her on her back and lifted her gown and touched her private part and laid her over his body. Immediately, the victim girl shouted. Thereafte