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M. S. RAMESH, C. KUMARAPPAN
Nanjappan – Appellant
Versus
State represented by Inspector of Police, All Women Police Station – Respondent
JUDGMENT
M.S.RAMESH, J.
Prayer: Criminal Appeal filed under Section 374 of the Criminal Procedure Code to call for the records and set aside the judgment and conviction dated 30.03.2021 made in Special Calender Case No.35 of 2019 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore and acquit the appellant from charge.
The charge against the appellant/accused is that on 06.03.2018 at about 08.30 P.M., he had sexually assaulted a 4½ years child by inserting his finger into her vagina and thereby committed the offence punishable under Section 5(m) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act'). Subsequently, on 07.03.2018, when the child's mother had questioned the accused, he threatened her stating that if she gives any police complaint, he would kill her husband and therefore, he was also charged of having committed the offence under Section 506(i) of the Indian Penal Code (IPC). The Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore, on the strength of oral and documentary evidences before it, had found the accused guilty of having committed the offences
The court upheld the conviction for sexual assault on a minor, modifying the life sentence to 10 years based on pre-amendment provisions of the POCSO Act, while confirming the fine imposed.
Sexual assault against a minor requires corroborative evidence, but delay in reporting may not negate guilt if adequately explained, as seen in this case.
The court clarified the distinction between sexual assault and aggravated penetrative sexual assault under the POCSO Act, emphasizing the need for evidence of penetration to establish the latter.
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