Conviction under POCSO Act requires credible evidence; inconsistencies in victim's testimony and lack of medical corroboration lead to acquittal.

JUDGMENT :

K.K. RAMAKRISHNAN, J.

This appeal has been filed to set aside the judgment and conviction passed by the learned Sessions Judge, Principal Special Court for Exclusive Trial of Cases under POCSO Act, Madurai in Spl.S.C.No.135 of 2019 dated 17.07.2023 and acquit the appellant.

2. The appellant who is the sole accused in Spl.S.C.No.135 of 2019 on the file of the learned Special Judge, Principal Special Court for Exclusive Trial of Cases under POCSO Act, Madurai, has filed this appeal challenging the conviction and sentence imposed on him for the offence under Section 9 [m] r/w 10 of the Protection of Children from Sexual Offences Act, by the impugned order dated 17.07.2023.

3. Prosecution Case:

The appellant is the neighbour of the victim girl. On 09.04.2019 at about 05.00 pm, when the victim girl went to the house of one Mary to take a plastic bucket, the appellant grabbed the hand of the victim girl and shut her mouth and kissed on her cheek and bit the cheek. Therefore, the mother of the victim girl, P.W.1, gave a complaint before the jurisdictional police station and on receipt of the same, the respondent police registered the case in Crime No.13 of 2019 for the offence under Sections 9 [m] r/w 10 of Protection of Children from Sexual Offences Act. The investigating officer conducted the investigation and arrested the accused and collected the materials and filed the final report before the learned Sessions Judge, Principal Special Court for Exclusive Trial of Cases under POCSO Act, Madurai. The same was taken on file in Special Spl.S.C.No.135 of 2019.

3.1. After taking cognizance, the learned trial Judge framed the charges against the appellant for the offences under Sections 9 [m] r/w 10 of Protection of Children from Sexual Offences Act. The learned trial Judge, upon the appearance of the accused, furnished the copies to him under Section 207 of Cr.P.C., and framed the necessary charges and questioned the accused and as he pleaded not guilty, and he stood for trial. The trial was conducted and the prosecution adduced the evidence of P.W.1 to P.W.8 and marked the documents under Ex.P1 to Ex.P.12 and Ex.C1 also was marked by the Court. Ex.C1, namely, the recording of the statement of the victim girl also produced.

3.2. The learned trial Judge, considered the same, examined the appellant under Section 313 Cr.P.C., by putting the incriminating material available against him and he denied the same and hence, the case was posted for examination for the defence witness. On the side of defence, no witness was examined and no document was marked.

3.3.The learned trial Judge after considering the oral and documentary evidence, convicted the accused under Section 9 [m] r/w 10 of the Protection Of Children from Sexual Offences Act, by the impugned order dated 14.09.2023 and sentenced him to undergo 5 years rigorous imprisonment and to pay a fine of Rs.25,000/- (Rupees Twenty Five Thousands only) with six months simple imprisonment in case of default for the offence under Section 9 [m] r/w 10 of the POCSO Act.

4. Aggrieved over the same, the appellant filed this appeal on the grounds stated in the memorandum of grounds of appeal.

5. The learned counsel for the appellant submitted that P.W.1 had illegal contact with someone. The same was questioned by the appellant and hence, false case was registered against him, stating that he committed sexual assault upon the victim girl by kissing her on the cheek and bit the cheek. The said version of the victi