Reliable victim testimony in POCSO cases suffices for conviction without mandatory corroboration; life imprisonment upheld for repeated aggravated assault by father on minor daughter, supported by medical evidence and accused's note.

JUDGMENT :

N. ANAND VENKATESH, J.

1. The sole accused has assailed the judgment of the Sessions Judge, Special Court for POCSO Act cases, Virudhunagar District at Srivilliputhur in SC No.11 of 2020 dated 16.12.2022, wherein, the appellant has been convicted and sentenced in the following manner:

The sentences were ordered to run concurrently.

2. The case of the prosecution is that the appellant had already committed an offence under Section 302 and he was convicted and sentenced to imprisonment for life. He underwent sentence for nearly 16 years and thereafter he was released and he joined his family. On 09.12.2018 at about 9.30 p.m., he approached the victim girl, who is his daughter and started sexually assaulting her by keeping his hands all over her body. The further case of the prosecution is that the appellant imagined that he had some medical complications in his throat, for which, the Doctor advised him to swallow the secretion from the vaginal tract during intercourse of 17 years old girl and if it does not happen, he would die by committing suicide and by stating so, he approached the victim girl to fulfil his wish. On this premise, the appellant had repeatedly committed penetrative sexual assault on the victim girl. He further criminally intimidated her not to reveal this fact to anyone.

3. The victim girl while undergoing this abuse by her father was able to get hold of a handwriting note by the appellant (Ex.P2), where the appellant has attempted to justify as to why he has resorted to such conduct with his daughter. The victim girl handed over this document to her sister and she, in turn, informed the same to the mother of the victim girl. The mother of the victim girl shouted at the appellant and ultimately all the family members decided to give a complaint against the appellant. Accordingly, a complaint (Ex.P1) was given to PW5 by recording the statements of the victim girl and an FIR (Ex.P10) came to be registered in Crime No.8/2019 for offence under Sections 294(b), 506 (II) and Section 5(l), 5(n) read with 6 of the POCSO Act.

4. PW6 took up the investigation at about 8.00 a.m. and went to the scene of crime and prepared the observation mahazar (Ex.P7) and rough sketch (Ex.P11). The investigating officer recorded the statements of the victim girl and other witnesses under Section 161(3) Cr.P.C. The accused person was arrested on the same day. The victim girl was sent for medical examination and the medical examination was conducted by PW3. PW3 gave the medical report Ex.P8 where, she made the following observation:

5. The victim girl was produced before the Judicial Magistrate, Rajapalayam and her statement was recorded under Section 164 Cr.P.C. (Ex.P3). The investigating officer also proceeded to record the statement of the witnesses under Section 161(3) Cr.P.C. The accused person was also sent for medical examination and the medical report (Ex.P9) was obtained.

6. The investigation was taken over by PW7, who received the biological report and serological report (Ex.P14 to Ex.P16). On completion of investigation, the charge sheet came to be laid before the Special Court, which was taken on file in Spl. SC No.11/2020.

7. The trial Court framed charges for offence under Sections 294(b), 506(I) and Section 5(l) r/w 6, 5(n) read with 6 of the POCSO Act, 506(II) and 294(b) (3 counts). The accused denied the charges.

8. The prosecution examined PW1 to PW7 and marked Ex.P1 to Ex.P18 besides MO1.

9. The