The conviction under POCSO Act was upheld due to substantive corroborative evidence despite minor delays in complaint filing.

JUDGMENT :

G.K. ILANTHIRAIYAN, J.

This appeal has been filed as against the Judgment passed in Spl.S.C.No.69 of 2021, dated 25.10.2021, on the file of the Principal Special Court for Exclusive Trial of Cases under POSCO Act, Madurai, thereby convicting the appellant for the offences punishable under Sections 5(m), 5(l), 5(i), 6 of POCSO Act .

2. The case of the prosecution is that the victim child was aged about 11 years at the time of occurrence. Her mother died and her father is a drunkard. One of her own brother is blind and he is staying in blind school hostel. Her second brother is also staying in the hostel and isstudying in a private school. Therefore, elder sister of the victim child and her husband brought the victim child to their house and she was under the care and custody of the elder sister. The victim child's sister and her husband used to go for work in the morning and returned during the night. The accused was residing in the same compound as of victim's house. The victim child used to play with other children in the same compound. The accused's grand-children also used to come frequently to the victim child's house and the victim also used to go to the accused's house to play with his grand-children. At that time, the accused used to provide chocolate and ice-cream to the children including the victim child. While so, on 07.04.2021 and two days prior to that, when the victim child was playing in his house, he gave her ice cream and made her lie down and thereafter, removed her dress and had committed aggravated penetrative sexual assault on her consecutively. The victim child was scared to disclose the said incident to any one. On 07.04.2021 morning the victim child had informed her sister that she is suffering from severe stomach pain. Her elder sister had given her some cool drinks and had gone for work. On the same day at about 3.00 p.m., when no one was there in the victim's house and when she was playing in the compound, once again the accused had taken the victim child to his house and had committed aggravated penetrative sexual assault on her. Thereafter, the victim child informed about the occurrence to her sister and she was also crying without being able to tolerate the stomach pain. Immediately, the victim's sister's husband lodged a complaint on the same day at about 10.30 p.m and the victim was taken to Government Rajaji Medical College Hospital at about 11.00 p.m.

3. On the basis of the complaint, the respondent registered an F.I.R in Crime No.4 of 2021 for the offences punishable under Sections 5(l), 5(m) r/w 6 of POCSO Act . After completion of investigation, the respondent filed a final report. On receipt of the same, the trial Court had taken cognizance and framed the charges as against the accused for the offences punishable under Sections 5(m) r/w 6, 5(l) r/w 6 of and 376(3) of IPC and 5(i) r/w 6 of .

4. On the side of the prosecution, in order to bring the charges to home, they examined P.W.1 to P.W.13 and Exs.P1 to P17 were marked. On the side of the accused, no witness was examined no document was marked. The Court document Ex.C1 was marked.

5. On perusal of the oral and documentary evidence, the trial Court found the accused guilty for the offences punishable under Sections 5(m), 5(l), 5(i) r/w 6 of POCSO Act . He was sentenced to undergo Life Imprisonment and was imposed a fine of Rs.60,000/-, in default, to undergo one year Rigorous Imprisonment for an offence punishable under Sections 5(m), 5(l), 5(i) r/w 6 of . Out of Rs.60,000/- fine imposed on the accused, Rs. 10,000/- is Government fine and Rs.50,000/- is the compensation to