IMPORTANT POINT
The judgment reinforces the evidentiary standards in sexual assault cases under the POCSO Act, particularly the weight of victim testimony and the statutory presumption of guilt.

JUDGMENT :

C.KUMARAPPAN, J.

PRAYER: Criminal Appeal filed under Section 374(2) of the Criminal Procedure Code to set aside the judgment passed in Spl.S.C.No.23/2016 dated 13.07.2018 on the file of Mahalir Neethi Mandram (Fast Track Mahila Court), Tirupur.

The instant appeal has been filed by the appellant/sole accused assailing the judgment dated 13.07.2018 passed in SC.No.23 of 2016 by the Mahalir Neethimandram (Fast Track Mahila Court), Tirupur. In the present case, the accused was charged for the offences under Section 5(j)(ii)(l)(n) r/w 6 of “The Protection of Children from Sexual Offences Act, 2012” [hereinafter called as “POCSO Act”] and Section 9(m) r/w 10, 11(iii) r/w 12 of POCSO Act.

2. The brief facts which give rise to the instant Criminal Appeal is that, a Coconut godown was owned by the de facto complainant Mr.Mohanasundaram. In his godown, the accused and the victim's family were working. It appears that there are two victims in the instant case. While the “eldest one” is aged about 14 years [hereinafter called as “V1”], the “younger one” is aged about 12 years [hereinafter called as “V2”]. Both the victims' family were working in the de facto complainant's godown. It appears that they may not have employment for whole of the year. The parents of the V1 have got six daughters including V1. The another victim V2 is related to V1's family. It appears that during the first week of February 2016, V1's mother left the village to attend her eldest daughter, who was in her family way. While so, when she return home on 08.03.2016, V1 and V2 were missing. After a drastic search on 10.03.2016, they came to know that both the victims were under the care and custody of the Child Welfare Committee, Erode. When they met the children [V1 and V2] at the Child Welfare Committee, they learned about the sexual assault of the accused against both the victims. On coming to know about the same, the de facto complainant[PW1] gave a complaint on 10.03.2016 before the All Women Police Station.

3. The complaint was registered on 10.03.2016 by PW-13-Head constable at about 23.00 hours in Crime No.4 of 2016 for the offences under Sections 5(l), (n) r/w 6 of POCSO Act. After registering the complaint, the same was forwarded to the Jurisdictional Magistrate as well as to the Investigation Officer-PW-17. On receipt of the copy of the FIR, the Investigating Officer-PW17 proceeded to the Mariyalaya Home at Tirupur where the victims were in care and custody, and met them on 11.03.2016 and obtained their statements. After recording the statement of the victims 1 and 2, the charges were altered to Sections 5(l), (n) r/w 6, 11(iii) r/w 12 of POCSO Act. Thereafter, she has also examined and recorded statements of Mr.Mohanasundaram (PW1), Mr.Kathiravan (PW4) and Mr.Ganesan, who is the relative of PW1 and PW4. On 12.03.2016, she recorded the statements from the other witnesses including the Officer of the Child Welfare committee, Erode. On 13.03.2016, he arrested the accused at about 7.00 p.m, and also recorded the confession statement in the presence of the witnesses.

4. Thereafter, on 14.03.2016, the Investigation Officer arranged for a medical examination and found that “V1” is pregnant, and she also made arrangements to know the age of both the victims, and sent a letter to the School, where they have studied. Subsequently, the Investigating Officer-PW17 received the Certificates of age from the Headmaster of the School qua PW8. Since the V2 was less than 12 years, the charges were again altered to Section 5(l), (n) r/w 6, 9(m) r/w 10, 11(iii) r/w 12 of POCSO Act. On 18.03.2016, after getting the consent from “V1” and her mother Shanthi, to protect the welfare of the V1, made arrangements for the abortion to her. On 23.03.2016, she also made arrangements to record the statements of both the victims under Section 164 Cr.P.C before the Judicial Magistrate. In order to find out the biological father of foetus of “V1”, the Investigation Officer made arrangem