JUDGMENT :

K.MURALI SHANKAR, J.

1. The Criminal Appeal is directed against the judgment of conviction passed in Spl.S.C.No.385 of 2023, dated 30.05.2024, on the file of the Special Court for POCSO Act cases, Dindigul.

2. The case of the prosecution is that the defacto complainant – Malaisamy, Sub Inspector of Police, Dindigul Town West Police Station received a video in WhatsApp depicting the accused visually signalling and calling a minor boy by exposing his private parts and inviting him to engage in unnatural sexual acts, that the accused had spread the video widely on socila media, that the accused had threatened the minor boy not to reveal anything or else he along with his family would be finished and that thereby the accused had committed the offences under Section 11(5), 12, 13, 14(1) of POCSO Act and under Section 67(B)(a) of the Information Technology Act.

3. After the receipt of the final report, the case was taken on file in Spl.S.C.No.385 of 2023, on the file of the Special Court for POCSO Act cases, Dindigul. After the appearance of the accused, copies of records were furnished to him under Section 207 Cr.P.C., on free of cost. The learned Sessions Judge, on perusal of records and on hearing both the sides, being satisfied that there existed a prima facie case against the accused, framed charges under Sections 11(5), 12, 13, 14(1) of POCSO Act and under Section 67(B)(a) of the Information Technology Act and the same were read over and explained to him and on being questioned, the accused denied the charges and pleaded not guilty.

4. The prosecution, to prove its case, examined 13 witnesses as P.W. 1 to P.W.13, exhibited 16 documents as Ex.P.1 to Ex.P.16 and marked two material objects as M.O.1 and M.O.2.

5. The case of the prosecution emerging from the evidence adduced on their side, in brief is as follows:

(a) P.W.1 – defacto complainant Thiru.Malaisamy, who was the then Sub Inspector of Police, Dindigul Town West Police Station, on 16.06.2023 received a video to his mobile WhatsApp depicting the accused visually signalling and calling P.W.2-minor boy, by showing his private part and inviting him to engage in unnatural sexual acts, which caused public outrage. He informed the receipt of the said video to P.W.13 – then Inspector of Police. P.W.13 sent a requisition to P.W.7-Muthusamy, who was then working as the Headmaster of Government Higher Secondary School, K.Ramanathapuram, Vedasanthur Taluk, requesting him to furnish the age certificate of P.W.2 under Ex.P.4. P.W.7, upon perusing the school records, gave a certificate dated 19.06.2023 under Ex.P.3 stating that the date of birth of P.W.2 is 22.03.2007, as evident from the school records. P.W.8 – Thiru.Sivakumar, District Child Protection Officer, Dindigul, upon receipt of the requisition from P.W.13 on 19.06.2023, went to K.Ramanathapuram Government Higher Secondary School and enquired Maths teacher Tmt.D.Muthu Meena, Physics Teacher Thiru.S.Francis and Physical Training Teacher Thiru.P.Muniappan. He showed the video sent by P.W.13 and on seeing the same, the teachers identified the person who was found in the bottom portion of the video to be their student studying in 12^th standard and also informed that he had not turned to school after 15.06.2023. P.W.8, then went to the house of P.W.2 and enquired P.W.4 – mother and P.W.6 – grandmother of P.W.2 and they had also identified P.W. 2 in the video shown to them. P.W.8, on coming to know that P.W.2 was with his paternal uncle P.W.5 and he was informed that both of them were proceeding to the office of P.W.8. On enquiry, P.W.2 informed that he was not aware of the person standing in the top portion of the video, but informed that his image in the bottom portion of the video was taken 1 ½ years back when he was speaking to another person. After enquiry, P.W.8 sent a report dated 19.06.2023 under Ex.P.5 to P.W.13. Thereafter P.W.1 submitted a special report along with pen drive and Compact Disk containing the video rece