JUDGMENT :

P. DHANABAL, J.

1. This Criminal Appeal has been preferred by the appellant as against the judgment of conviction and sentence passed in Special SC No.22 of 2017 by the Sessions Judge, Mahila Court, Pudukkottai, dated 03/01/2023.

2. The accused was charged for the offences under Section 4 of POCSO Act and Section 506(i) IPC. The Trial Court found the accused guilty, convicted and sentenced him to undergo Life Imprisonment and imposed a fine of Rs.2,00,000/-, in default to undergo one year RI for the offence under Section 4 of POCSO Act, 2012 and also convicted him and sentenced to undergo 2 years RI and imposed a fine of Rs.10,000/- in default to undergo 1 year RI for the offence under Section 506(ii) IPC and the sentences were ordered to run concurrently. Aggrieved by the said judgment of conviction and sentence, the present appeal has been preferred by the accused as appellant.

3. The case of the prosecution is that the victim girl was aged about 16 years and studying 12^th Standard in the year 2017. The date of the birth of the victim is 13/06/2001 and the victim girl used to go to the school in her bicycle. While so, on 19/07/2017, when she returned from the school in her bicycle at about 06.30 p.m. near Sethu Ramanvayal bus stop, the accused who was standing in the bus stop, had tried to talk with the victim girl, but she avoided. For that, the accused threatened the victim girl by stating that On 20/07/2017 in the early morning at about 02.00 a.m, when the victim girl had come out of the house to attend nature's call, the accused who was standing near the house of the victim in the dark, had hugged and closed the mouth of the victim and threatened the victim girl not to shout, otherwise he would kill her and taken her to Veeramangalam Kammaikarai and removed her dress and committed sexual assault on her. Thereafter, the victim came to her house and in the morning, when she was weeping, her mother asked her. At that time, she narrated the occurrence to her mother and father. Thereafter, the father of the victim girl (PW1) gave the complaint (Ex.P1) before the respondent Police.

4. On the basis of the complaint, PW8-Tmt.Kavitha, Inspector of Police, registered the FIR (Ex.P9) in Crime No.2 of 2017 under Section 4 of POCSO Act and Section 506(i) IPC and thereafter, she went to the place of occurrence and prepared observation mahazar (Ex.P4) and rough sketch (Ex.P10) and examined the victim girl and thereafter, the victim girl was sent for medical examination.

5. PW3-Dr.Riyas Fathima conducted medical examination on the victim girl. She also issued Accident Register (Ex.P3) and thereafter, PW8 arrested the accused on 22/07/2017 and the accused had voluntarily given a confession statement and the same was recorded in the presence of the witnesses and thereafter, seized MO4 to MO7 through mahazar Ex.P8 and thereafter, she examined the Doctor and other witnesses and after completion of the investigation, she filed the charge sheet as against the accused for the offences punishable under Section 4 of POCSO Act and Section 506(i) IPC.

6. Thereafter, the Trial Court, after hearing both sides, framed charges under Section 506 IPC and Section 4 of POCSO Act as against the accused. The charges framed against the accused/appellant, were read over and explained to him and he denied the charges. Thereby, the prosecution examined the witnesses PW1 to PW8 and marked documents Exs.P1 to P16, besides produced the material objects MO1 to MO7. After completion of prosecution side evidences, the accused was examined under Section 313(1)(b) Cr.P.C, with regard to the incriminating evidence adduced against him and the same was also denied by the accused and no witness was examined and no document was marked on the defence side.

7. After hearing both sides and considering oral and documentary evidence adduced on either side, the Trial Court found the accused guilty of offences punishable under Section 4 of POCSO Act and Section 506(i) IPC and