The court upheld the conviction for aggravated penetrative sexual assault under the POCSO Act based on the reliable testimony of the child victim and corroborative medical evidence, affirming the appropriateness of the life sentence.

JUDGMENT :

1. The appeal is against the judgment of conviction and sentence imposed by the Mahila Court, Pudukottai. The appellant was sentenced to undergo Life imprisonment (till the remainder of the natural life) and fine of Rs.70,000/-, in default, to undergo one year simple imprisonment for the offence under Section 5(m) r/w 6 of the Protection of Children from Sexual Offences Act, 2012 (in short 'POCSO Act').

Prosecution case unravelled through its witnesses and documents:

2. The prosecution has examined 9 witnesses and marked 15 Exhibits and 6 Material Objects.

3. As per the complaint Ex.P-1, on 15.08.2020 at about 12.00 noon, PW-1, the mother of the child victim, left her 5 year old girl child (the victim) in the house of Bhakiyalakshmi(PW-5) requesting Mariammal(PW-3) to take care of the child and went out to mend her two wheeler tube. When she returned back at about 12.30 p.m, she found her daughter missing. On enquiry with Mariammal, she informed that the appellant (known as ‘Meenakshi thatha’ in the locality) had taken the child to his house. She went to the appellant's house and peeped through the partially opened door. She saw her daughter holding her undergarment and pant in her hand, the appellant nude below hip. She rushed out and the daughter followed her.

4. On enquiry, her daughter told that the appellant removed her dress and undergarment, put her on the cot and kissed her vagina. She complaint pain in her private part. On examining the private part, it was reddish in colour. So, PW-1 applied seasame oil and enquired how it happened. Then the child opened up and told that the appellant put his penis on her vagina. Next day, after husband came home from duty, she informed the matter to her husband. She and her husband along with one Number Chinnaiya went to the house of the appellant and questioned him why he did this to the minor child. The appellant pleaded guilty and sought apology for his conduct. The matter was informed to the village elders like Velu and Subramanian. On their advice, she went to Police Station along with the child and the cloth of the child which she was wearing at the time of occurrence. Along with her complaint, handed over the clothes.

5. PW-8, Tmt.Sowmiya Banu, Sub Inspector of Police, All Women Police Station, Keeranur registered FIR in Cr.No.07/2020 dated 16.08.2020 at 10.00 Hrs. (Ex.P-10) and placed it before the Inspector of Police, Tmt.Kavitha (PW-9). She delivered a copy of the FIR to the Judicial Magistrate, Keeranur at his residence on the same day at 06.45 pm.

6. PW-9, Tmt. Kavitha Inspector of Police, took up the investigation. Seized the clothes of the victim girl under Form 95 (Ex.P-11). Recorded the statement of the victim girl and her mother. She then forwarded the victim child with escort for medical examination at Pudukottai Government Hospital. Dr.Sangeetha(PW-7) examined the child. The Accident Register is Ex.P-9. Meanwhile, PW-9 visited the house of the appellant and prepared observation mahazar (Ex.P-7) and rough sketch (Ex.P-12). Ganesan (PW-4) is one of the witness to the observation mahazar. On receipt of the information at 15.30 hrs, PW-9 went to Koodakudi Toll Plaza and arrested the appellant and brought him to the Station at about 16.30 hrs. The appellant gave his statement voluntarily and it was recorded in the presence of witnesses Velu and Subramanian at about 16.50 hrs. M.O.4 and M.O.5, the shirt and lungi respectively, of the appellant were recovered under Mahazar Ex. P-13.

7. The accused was remanded to Judicial custody on the same day. He was subjected to medical examination with the permission of the court on 18.08.2020. Dr.Valliappan (PW-6) examined the appellant and the medical report of the appellant is Ex.P-8, The statements of the minor child (Ex.P-5), her mother (Ex.P-4) and Mariammal (Ex.P-6) recorded under Section 164 of Cr.P.C., by the Judicial Magistrate on 19.08.2020.

Case of the appellant as spoken by the witnesses for defence:

8. The appellant/a