IMPORTANT POINT
The judgment emphasizes the importance of the victim's testimony, corroborating evidence, and the applicability of presumptions under Section 29 and 30 of the POCSO Act in establishing guilt.

JUDGMENT :

(Prayer: Criminal Appeal filed under Section 374(2) of the Code of Criminal Procedure against the judgement and order dated 25.09.2017 in S.C.No.31 of 2016 on the file of the Sessions Judge, Mahalir Neethimandram (Fast Track Mahila Court), Thoothukudi.)

1. This criminal appeal has been filed against the judgment and order dated 25.09.2017 in S.C.No.31 of 2016 passed by the Sessions Judge, Mahalir Neethimandram (Fast Track Mahila Court), Thoothukudi, in and by which, the appellant was convicted for the offences punishable under Section 9(m) read with Section 10 of Protection of Children from Sexual Offences Act and sentenced as under: Section of Law Sentence of imprisonment Fine amount Section 9(m) r/w Section 10 of POCSO Act Rigorous Imprisonment for five years Rs.1,000/- in default, to undergo Rigorous imprisonment for three months. The period of sentence already undergone by the appellant was ordered to be set off under Section 428 of Cr.P.C.

2. Challenging the said conviction and sentence, the appellant has come up with this Criminal Appeal.

3. When the matter was taken up for hearing on 04.03.2024, there was no representation for the appellant. Hence, Mr.C.Jeganathan, Advocate, Enrolment No.1751/2006 was appointed as an amicus curiae for assisting this Court.

4. The case of the prosecution as could be discerned from the oral and documentary evidence is briefly as follows.

4.1. The victim (PW1) is residing with her parents (PW2 and PW3) and her younger sister (PW4) in Udankudi Village, Thiruchendur Taluk and is studying VIth standard in a school at Udankudi. She used to attend tuition classes also run by the appellant. The appellant Anandakannan took on rent the second floor of the building at Sakthi Moorthy Bazaar from the owner of the building Thiru.Vijayalingam (PW12) on a monthly rent of Rs.2,000/- and was conducting Karate classes, Bharathanatiyam classes and also Tuition classes in the said place. One Sugantha teacher used to take classes for the children. The victim (PW1) and her younger sister (PW4) were regularly attending the tuition classes.

4.2. On 17.01.2016, at about 03.30 p.m., the victim (PW1) and her younger sister (PW4) went to the tuition centre as usual. Since their teacher Sugantha did not turn up for duty, the appellant took class for the children. He particularly requested the victim (PW1) to keep a carrom board (MO1) on the terrace of the building. Accordingly, victim (PW1) took the carrom board and when she was about to keep it in the upstairs of the building, the appellant came behind her, hugged her and kissed her. The victim (PW1) pushed him and attempted to escape from the scene of offence and in the process, her green colour glass bangles which she was wearing on her left hand broke and pierced her palm resulting in bleeding injury. According to the victim (PW1), the appellant once again attempted to hug her. She immediately came home and informed her father Velayutham (PW2) and mother Lakshmi (PW3), leaving her younger sister in the tuition centre itself. When her parents along with the victim came back to the tuition centre in search of the appellant, he was not found there. They took the younger daughter (PW4) home and at about 08.00 p.m., they all went to All Women Police Station, Thiruchendur and lodged a complaint.

4.3. Thirumathi.Varkees Ammal, the Inspector of Police, All Women Police Station recorded the complaint statement of the victim (PW1) and registered FIR in Crime No.3/2016 (Ex.P13) against the appellant for an offence punishable under Section 12 of Protection of Children from Sexual Offences Act. She instructed Thirumathi. Murugeshwari (PW11), head constable of police to take the victim (PW1) to Thoothukudi Government College Hospital for medical examination.

4.4. Dr.Rajeshwari (PW6) examined the victim on 19.01.2016 and found bruises on her left palm. She also examined her private parts and did not find any injuries. The victim (PW1) was sent home on the same day itself. Th