The acquittal and conviction under POCSO Act depend on the credibility of the victim's testimony, corroborated by medical evidence, reinforcing the presumption of guilt against the accused.

JUDGMENT :

P.DHANABAL, J.

Challenging the conviction and sentence rendered by the Principal Special Court for trial of cases under POCSO Act, Thanjavur, in Spl.S.C.No.64 of 2019 dated 23.12.2022, the present criminal appeal has been filed by the accused.

2. The accused has been charged for the offences under Sections 448, 366 of IPC and Section 6 r/w.5(i) and 6 r/w.5(j) of POCSO Act.

3. The trial Court has convicted the accused as follows:

4. The case of the prosecution is that on 14.10.2017 while the victim was alone in her house the accused trespassed into the house from the backyard and took the victim girl who is aged about 15 years to his house kitchen and committed penetrative sexual assault. The complaint was lodged by the mother of the victim girl on the same day at about 6.30 p.m. Based on the complaint given by the mother of the victim before the All Women Police Station, Kumbakonam First Information Report was registered in Crime No. 12 of 2017 for the offences under Sections 3(a) r/w 4 of POCSO Act @366 of IPC, Section 6 r/w.5(i),8 r/w7, 3(a)r/w.4 of POCSO Act. Thereafter the Investigation Officer had conducted investigation went to the place of occurrence and prepared observation mahazhar/Ex.P.4, rough sketch/Ex.P.13 and examined the mahazhar witnesses/P.W.6 and P.W.7. Further the investigation officer sent the victim for medical examination and P.W.11/doctor had examined the victim girl and issued medical certificate/Ex.P.6 . Thereafter the Investigation officer had taken steps to record the statement of the victim before the Court under Section 164 of Cr.P.C and the statement of the victim was also recorded. The accused was medically examined through the doctor/P.W.12 and the doctor issued certificate/Ex.P.5. Thereafter the Investigation Officer examined all the witnesses and recorded the statement of the victim, other witnesses, collected materials and filed final report.

5. After filing of final report, the trial Court has framed charges for the offences under Sections 448,366 of IPC and Section 5(i) r/w.6, 5(j) r/w.6 POCSO Act. The above charges were read over and explained to the accused. The accused denied the charges and claimed to be tried.

6. The prosecution examined P.W. 1 to P.W.17 and marked exhibits Ex.P.1 to P.15 and marked material objects M.O.1 to M.O.3. After completion of prosecution witnesses the accused was questioned under Section 313 (1)(b) of Cr.P.C., with regard to the incriminating. circumstances appearing against him, he denied the same No defence evidence was adduced on the side of the accused.

7. After analysing the evidence and upon hearing both sides, the trial Court has convicted the accused for the offences as stated supra.

8. The learned counsel appearing for the accused/appellant would submit that the respondent police has registered a case based on the false compliant given by the mother of the victim for the offences under Sections 3(a) r/w 4 of POCSO Act @366 of IPC, Section 6 r/w.5(i),8 r/w7, 3(a)r/w.4 of POCSO Act and the respondent police without conducting proper investigation filed final report against the accused. The trial Court without any prima facie materials framed charges for the offences under Sections 448, 366 of IPC and Section 5(i) r/w.6, 5(j) r/w.6 POCSO Act. In order to prove the case of the prosecution the accused examined P.W. 1 to P.W.17 and marked exhibits Ex.P.1 to P.15 and marked material objects M.O.1 to M.O.3. So far as charge under Section 5(i) is concerned no proper words have been employed in the charge and the words in respect of the penetrative sexual assault are missing and the contents of the of the charge under Section 5(i) of POCS