The court modified the conviction from penetrative sexual assault to aggravated sexual assault due to insufficient evidence, emphasizing the need for corroborative medical testimony in such cases.

JUDGMENT :

P.DHANABAL , J.

Challenging the conviction and sentence rendered by the Special Court for Prevention of Children from Sexual Offences Act cases, Virudhunagar camp @ Srivilliputhur in Special S.C.No.21 of 2020 dated 03.09.2022, the present criminal appeal has been filed by the appellant.

2.. The trial Court has convicted the appellant as follows:

3. The victim is aged about 16 years and was working in a private garments and she used to return home at about 10.00 pm., after completion of work. While so, on 06.12.2013 at about 10.00 pm., after completion of work she was walking towards Aruppukottai Velmurugan colony at that time the friend of the brother of the appellant called her and thereafter he followed and pulled her shawl and she raised alarm. At the time he closed her mouth through shawl and took her to the newly constructed building which is situated opposite to the Offguard Church where he committed penetrative sexual assault and the victim also sustained injuries on her right hand and nail marks on her hands. After shouting when she came out from the building her mother and Pandiammal came there and the victim narrated about the incident to them. Thereafter the complaint /Ex.P.1 was lodged by her mother before the respondent police and based on the said complaint, First Information Report/Ex.P.6 was registered in Crime No.40 of 2013 for the offences under Sections 376, 506(i) of IPC and Section 4 of POCSO Act. Thereafter the Investigation Officer went to the place of occurrence prepared observation mahazhar/Ex.P.2 and rough sketch/Ex.P.6. Thereafter he sent the victim for medical examination and he obtained Ex.P.3/Accident Register and he has also taken steps to record the statement of the victim under Section 164(5) of Cr.P.C. The Investigation Officer also examined the witness and obtained school certificate of the victim. After completion of investigation filed final report.

3.1. On appearance of the accused, and compliance of Section 207 of Cr.P.C., finding that the case was exclusively triable by the Court of Sessions the learned Magistrate had committed the case to the Court of Sessions and it was made over to the Special Court for Prevention of Children from Sexual Offences Act cases, Virudhunagar camp @ Srivilliputhur in Special S.C.No.21 of 2020 for trial.

3.2. After filing of final report, the trial Court has framed charges for the offence under Sections 506 (I), 376 of IPC and Section 4 of POCSO Act. The above charges were read over and explained to the appellant. The appellant denied the charges and claimed to be tried.

3.3. The prosecution examined P.W. 1 to P.W.17 and marked exhibits Ex.P.1 to P.13 and no material objects were produced. After completion of prosecution witnesses the appellant was questioned under Section 313 (1)(b) of Cr.P.C., with regard to the incriminating circumstances appearing against him, he denied the same as false. On the side of the appellant one witness was examined as D.W.1 and one document Ex.D.1 was marked and Ex.C.1 and C.2 were also marked.

3.4. After analyzing the evidence and upon hearing both sides, the trial Court has convicted the appellant for the offences as stated supra. The trial Court has also acquitted the appellant for the offences under 506(i) of IPC. Aggrieved by the said judgment and conviction the present appeal has been filed by the appellant.

4. The learned counsel appearing for the appellant would submit the based on the false complaint lodged as against the accused the First Information Report was registered in Crime No.40 of 2013 for the offences under Sections 376, 506(i) of IPC and Section 4 of POCSO Act and thereafter the respondent police without proper investigation filed final report and based on the final r