The court affirmed the conviction of the first appellant for sexual harassment under the POCSO Act, while the second appellant was acquitted due to insufficient evidence of direct involvement.

JUDGMENT :

M. NIRMAL KUMAR, J.

The appellants/A1 & A2 both convicted by the trial Court in Spl.S.C.No.69 of 2019 by judgment dated 29.03.2022 for offence under Section 12 of Protection of Children from Sexual Offences Act, 2012 (hereinafter ‘POCSO Act’) and 506(i) r/w 34 of I.P.C. and both appellants sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs.5,000/-, in default, to undergo simple imprisonment for three months, for offence under Section 12 of POCSO Act and sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs.2,000/-, in default, to undergo simple imprisonment for three months, for offence under Sections 506 (i) r/w 34 of I.P.C. Aggrieved against the said conviction, the present appeal is filed.

2.(i)The case of the prosecution is that the defacto complainant/PW1/father of the victim girl lodged a complaint to the respondent police about the constant sexual harassment given by the appellants. On 27.02.2017, when the victim was coming out of the school, waiting for her mother, at that time the first appellant forced and compelled her to have a love affair with him. When she refused, the first appellant threatened her by showing the mobile phone in which the photographs of the first appellant and the victim captured together recorded. The victim cried and ran back to the school, at that time, the victim’s mother/PW3 came, PW4 and PW5, were there near the scene, saw the incident and attempted to catch the appellants but their attempt failed. PW1 went to the respondent police station and lodged a complaint, but no action taken.

(ii) Thereafter, on consultation with his friend, he approached the Chairman, Child Welfare Committee/PW7 and gave a complaint/Ex.P1 on 03.03.2017. On the same day, victim/PW2 examined and her statement recorded. The statements forwarded to the respondent police on 06.03.2017.

(iii) The respondent on 13.03.2017 registered a case in Crime No.27 of 2017 for offence under Sections 12 r/w 11 (iv) and (v) of POCSO Act, 2012 against the appellants.

(iv) PW14/Sub Inspector of Police took up investigation, enquired the witnesses, recorded the statement of witnesses in the Laptop and also by video-graphing. Thereafter, recorded the statement of other witnesses, namely, PW1 and PW3, the father and mother of the victim and PW4 and PW5, the witnesses present in the scene of occurrence. In presence of PW6 and PW9, prepared observation mahazar and rough sketch and arrested A1 on 26.03.2017, arrested A2 on 30.03.2017 in presence of VAO/PW10. The victim’s statement under Section 164 of Cr.P.C. recorded and on completion of investigation, charge sheet filed in this case.

3.During trial, on the side of the prosecution, PW1 to PW14 examined and Exs.P1 to P21 marked and M.O.1 to M.O.3 produced. On the side of the defence, no witnesses examined and no documents marked. On conclusion of trial, the trial Court convicted the appellants as stated above.

4.The learned counsel for the appellants submitted that in this case the victim/PW2 and the first appellant were having love affair, which was opposed by victim’s parents. Thereafter a case projected as though sexual harassment committed by the appellants. The admitted position is that the victim is a native of Lawspet, Puducherry. During vacations, she used to come to her maternal grandmother’s house at Saram Village, Tindivanam. The first appellant belongs to Sar