The court confirmed the conviction for sexual assault on a minor, emphasizing victim testimony's validity despite minor discrepancies; age precludes capacity for consent.

JUDGMENT :

1. This Criminal Appeal had been filed to set aside the Judgment dated 03.03.2017 passed by the learned Sessions Judge, Mahila Court, Salem in Spl. S.C. No. 8 of 2015.

2. The brief facts, which are necessary for the disposal of this Criminal Appeal, are as follows:-

2.1. The De-facto Complainant was a student of St. Mary's High School, Arisipalayam, Salem. She is studying in IX Standard. She is residing along with her grandmother. Her father died when she was a child and her mother was working in Tiruppur. Her mother used to visit them once in a month. According to the De-facto Complainant during March 2014, in connection with her School project, she went to the Computer Centre run by the Accused. It was stated that the Accused used to converse with the De-facto Complainant very often. While so, on 02.04.2014 in the afternoon, when everyone left the browsing centre, the Accused locked the door, went near to the De-facto Complainant and pinched her hip. Even though it was resisted by the De-facto Complainant, the Accused promised her to marry. Under such pretext, the Accused removed the dress of the De-facto Complainant and indulged in sexual intercourse. In similar fashion, the Accused had sexual intercourse with the De-facto Complainant on two or three occasions in the browsing centre. Subsequently, on 16.07.2014, the Accused called the De- facto Complainant for an outing. Accordingly, on that day, under the pretext of attending the School, the De-facto Complainant went to Salem Bus Stand at 9.30 am from where the Accused picked her up on his two wheeler. They went to a lakeside abutting Kalipatty to Vaikuntam Road, where they had sexual intercourse. Thereafter, the Accused left the De-facto Complainant back in Salem at about 4.30 p.m. It was stated that the mother of the De-facto Complainant came to know that she did not attend the School on that day. Therefore, the mother of the De-facto Complainant came to Salem from Tiruppur and questioned her. When questioned, the De-facto Complainant informed her that the Accused promised to marry her and under such pretext he had sexual intercourse. Therefore, the complaint was given by the De-facto Complainant based on which the case in Crime No. 372 of 2014 came to be registered for the offences under Sections 3 63 of INDIAN PENAL CODE and Sections 3 and 4 of The Protection of Children from Sexual Offences Act, 2012. Ex.P-15 is the copy of the First Information Report which was sent by P.W-12, Sub-Inspector of Police to the concerned Court as also the higher Police Officials, including P.W-13, Inspector of Police.

2.2. On receipt of a copy of Ex.P-15, P.W-13 took up investigation and proceeded to R.S. Browsing Centre at 17.00 hours where he recorded the statement of Anand-P.W-4 and Rajammal. He also prepared an Observation Mahazar under Ex.P-16 and Rough sketch under Ex.P-17. Subsequently, P.W- 13, accompanied by Mrs.Santhi, Inspector of Police, All Women Police Station, Suramangalam enquired the De-facto Complainant, Valli-P.W-2, Absal Khan-P.W-3, Umarkabar, Muniyasamy, Anand-P.W-4 and Rajammal and recorded their statements. On 20.07.2014, P.W-13 arreste