Conviction upheld under the POCSO Act for penetrative sexual assault against a minor, emphasizing that consent is immaterial due to the victim's age, irrespective of any personal relationship between the parties.

JUDGMENT :

N.ANAND VENKATESH, J.

The appellant (A1) has assailed the judgment passed in Special S.C.No. 117 of 2022, dated 08.03.2023, on the file of the Principal Special Court for exclusive Trial of Cases under POCSO Act cases, Thanjavur, wherein the appellant was convicted and sentenced in the following manner.

The above sentences were ordered to run concurrently.

2. The case of the prosecution is that A1 is the son, A2 is the father and A3 is the mother of A1. A2 was running a brick kiln at Ullikadai Village, Puthur and the parents of the victim girl were staying in the brick kiln and were doing brick works. In May 2018, the victim girl was staying with her parents and at that time, A1 is said to have developed a relationship with the victim girl and sometime in the last week of July 2018, when the victim girl was proceeding to home, A1 is said to have promised that he will marry the victim girl and had compelled the victim girl and had forcible sexual intercourse with the victim girl. Even thereafter, he indulged in forcible sexual intercourse repeatedly. As a result, the victim girl became pregnant. When the same was informed to A2 and A3, who are the parents of A1, they are said to have scolded the victim in filthy language and forced the victim girl to abort the child.

3. The above incident was complained to the Panchayathars, but however A1 refused to come to the Panchayat and as a result, a complaint (Ex.P1) was given by PW1 to PW15. Based on the same, an FIR (Ex.P12) came to be registered in Crime No.1 of 2019 for offences under Sections 5 (j)(ii), 6 and 17 of the POCSO Act and Section 506 (i) IPC .

4. PW16 took up the investigation and went to the place of occurrence and prepared observation mahazar (Ex.P3) and the rough sketch (Ex.P13) in the presence of PW4 and another witness. PW16 examined the victim girl and recorded her statement. He also examined PW2 and PW3, who are the mother and father of the victim girl and recorded their statements.

5. The Investigating Officer arrested A1 to A3 and they were produced before the concerned Court and remanded to judicial custody.

6. The victim girl was subjected to medical examination by PW9 on 15.02.2019 and at that point of time, she was eight months pregnant. The necessary entries were made in the accident register, which was marked as Ex.P5.

7. The investigation was continued by PW17 and it was ascertained that the victim girl belonged to Scheduled Caste community and the accused person belonged to Ambalakarar community and hence, the offences were altered to Sections 5 (l), 5(j)(ii), 6 of the POCSO Act , Section 294 (b) of IPC and Section 3 (2)(v) of the SC/ST Act , through the alteration report (Ex.P14).

8. The Investigating Officer forwarded A1 for medical examination, which was conducted by PW13, who issued the medical certificate (Ex.P10).

9. The Investigating Officer, in order to ascertain the biological father of the child, took steps to conduct DNA analysis and the same was handed over to PW14, who is the Deputy Director of Forensic Lab, Chennai. The DNA report (Ex.P11) revealed that A1 is the biological father of the child which was born to the victim girl by then.

10. The Investigating Officer recorded the statements of the witnesses under Section 161 of Cr.P.C. and collected all relevant materials and documents and on completion of investigation, laid the final report before the Special Court.

11. The Special Court framed the charges against A1 for offences under Sections 11(iv) read with Section 12, Section 5 (l) read with 6, Section 5 (j)(ii) read with Section 6 of the POCSO Act , Sect