The appellant was convicted under the POCSO Act for sexual assault on a minor based on credible evidence, affirming the importance of age proof and the definition of sexual assault as per the Act.

JUDGMENT :

K.K. RAMAKRISHNAN, J.

1. The appellant, who is the sole accused in Spl.S.C.No.29 of 2018 on the file of the Special Court for Exclusive Trial of cases under Protection of Children from the Sexual Offence Act, 2012, Virudhunagar District, at Srivilliputtur, has filed this criminal appeal challenging the following conviction and sentence imposed against him by the Special Court for Exclusive Trial of cases under Protection of Children from the Sexual Offence Act, 2012, Virudhunagar District, at Srivilliputtur. The impugned judgment, dated 25.08.2021 is as follows:

2. The appellant is the Physical Education Teacher of the Government Higher Secondary School, Sivaganapuram, Vilathikulam Taluk, Tuticorin District. The victim girl was studying in the said school and she was a Kabadi player. On 04.08.2018, a National Level Kabadi event was proposed to be held at P.M.Marimuthu Nadar Higher Secondary School, Dhalavaipuram, Virudhunagar District, for which, the victim girl was selected to participate in the said State Level Event. Therefore, P.W.11 the Headmaster of the school asked the appellant to accompany the said victim girl to participate in the said events. Hence, on 03.08.2018, the victim girl got permission from her parents and reached Ettayapuram bus stand, as per the directions of the appellant. From Ettayapuram bus stand, the appellant and the victim girl travelled to Rajapalayam. In Rajapalayam, there was a plan to stay at the house of relative of the appellant. But, the appellant changed his plan and brought the victim girl to Rajapalayam Jeyasantham Lodge and booked a room and committed sexual assault upon the victim girl by inviting the victim girl to share the bed with him. The same was resisted by the victim girl. Thereafter, the appellant held the hands of the victim girl with sexual intent and once again asked her to sleep with him. The victim girl questioned the appellant's behaviour and took the cell phone and rushed into the rest room, locked herself and called her relative through phone. Thereafter, the said information was conveyed to the jurisdictional police officer. The jurisdictional police officer visited the lodge and found that the victim girl had locked herself inside the rest room and on the request of the police constable, she opened the door and came out and disclosed about the sexual assault committed by the appellant. Thereafter, P.W.15 received the complaint and registered the case in Crime No.18 of 2018 for the offence under Section 363 of IPC and Section 10 r/w 9(f) of the Prevention of Children from Sexual Offences Act, 2012, (hereinafter, for the sake of brevity, referred to as “POCSO Act”) and Section 3(1)(w)(i) and 3(2)(va) of SC/ST (POA) Amendment Act, 2015, under Ex.P.13. After the receipt of the FIR by P.W.15, the investigation was commenced by examining the victim child and other witnesses and he also prepared the observation Mahazer and arrested the accused and conducted the Medical Tes