Statutory presumptions under criminal legislation cannot be invoked without the prosecution first establishing foundational facts. Such presumptions are effectively rebutted when an accused presents cogent evidence, such as independent documentation, that makes the prosecution's narrative of the offence physically impossible or highly improbable.

JUDGMENT :

A.D. JAGADISH CHANDIRA, J.

1.Challenging the judgment dated 12.05.2022 passed in Special S.C.No.40 of 2021 on the file of the Sessions Court, Mahila Court (Fast Track Mahila Court), Tiruppur, the sole accused has preferred the present appeal.

2. Vide the impugned judgment, the appellant stands convicted and sentenced as under:

2. The case of the prosecution, in a nutshell, is as follows:

2.1 On 10.03.2021, when Shanmugapriya (PW7), Women Police Constable, was on duty at Tiruppur South All Women Police Station, one Karpagam (PW4) gave a complaint (Ex.P3) stating that she is residing at Muthusamy Compound, Sabari Nagar, Tiruppur, for the past eight months and that she was married eleven years ago and she has got two female children viz. ‘XXX’ (PW1) (name not divulged for the sake of anonymity), aged about 11 years and ‘YYY’ (PW2) (name not divulged for the sake of anonymity), aged about 8 years and that they were studying in Government School; she and her husband were working in a banian factory and they used to go to work in the morning and return only in the late evening; during school holidays, her children used to stay at home and play there; on 09.03.2021 at 8.30 p.m., when she (PW4) returned from factory, her two children, along with the daughter of one Annalakshmi (PW5) viz. ‘ZZZ’ (PW3) (name not divulged for the sake of anonymity), aged about 8 years, informed her that they will reveal something to her, hearing which, she should not shout at them; when she (PW4) enquired them, they told her that the appellant had, on 07.03.2021 around 6.30 p.m., when they were playing near their house, called them and fiddled with their private part and he continuously did the same for three days; immediately, she (PW4) went and informed Annalakshmi (PW5) and since it was late night, she, on the next day, gave the complaint (Ex.P3).

2.2 Based on the complaint (Ex.P3), Shanmugapriya (PW7), Women Police Constable, registered the First Information Report (FIR) (Ex.P6) in Crime No.5 of 2021 for the offences under Section 5(m), 5(l) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for brevity “the POCSO Act”) and sent the FIR (Ex.P6) and complaint (Ex.P3) to the Court on the same day i.e. on 10.03.2021 and thereafter, handed over the case to Sheela (PW8) for further investigation.

2.3 On the same day, i.e. on 10.03.2021, Sheela (PW8), Inspector of Police, examined the victims ‘XXX’ (PW1), ‘YYY’ (PW2) and ‘ZZZ’ (PW3) and also examined Karpagam (PW4) and Annalakshmi (PW5) and recorded their statements and on the same day at 4.30 p.m., went to the scene of occurrence and prepared the observation mahazar (Ex.P5) and rough sketch (Ex.P7) in the presence of the witnesses, Gopi and Gunasekaran, and sent the victim children for medical examination to Tiruppur Government Hospital through a Woman Constable Bhuvaneshwari and on 11.03.2021, arrested the accused at 9.00 a.m. when he was standing near Kovilvazhi bus stop on the identification by the witnesses and thereafter, remanded him in judicial custody. On the same day, she (PW8) examined Karpagam (PW4) and her husband Kumaresan (not examined) and also one Sivakumar (not examined) and recorded their statements.

2.4 On 14.03.2021, she (PW8) examined Dr.Sathyarohini (PW9), Assistant Surgeon and recorded her statement. On 15.03.2021, she (PW8) gave a request to the Court to record the statement of the victim children under Section 164 Cr.P.C. and on 18.03.2021, produced the victim children