JUDGMENT :

R. POORNIMA, J.

1. This Criminal Appeal is filed against the judgment of conviction and sentence passed by the Sessions Judge, Principal Special Court for POCSO Act cases, Madurai, in Special S.C.No.67 of 2018, dated 25.04.2022 and consequently to acquit the appellant.

2. The case of the prosecution is that the accused and the minor victim girl belonged to the same village. The accused used to talk to her frequently, propose his love, and assured her that he would marry her. On 14.01.2017 at about 07.00 p.m., the accused came and assured that he would marry her and took her to the east street of Muniyandi's dilapidated bathroom and committed penetrative sexual assault. Thereafter, he also used to follow her and assured that he would marry and also committed repeated penetrative sexual assault. She did not disclose the occurrences to her mother. Subsequently, she had developed stomach pain and she was taken to Government Hospital, Thiruparankundram, where it was found that she was six months pregnant. Thereafter, the mother and maternal aunt inquired her and only then did she disclose the occurrence. Thereafter, a complaint was lodged in this regard.

3. The Complaint (Ex.P1) was received by PW15, Tmt.Meena, Inspector of Police. On receipt of the complaint, she registered the FIR in Crime No.81 of 2017 under Sections 5(l) and 6 of the POCSO Act against the accused under Ex.P8 and prepared the first information report. The original FIR was forwarded to the Mahalir Court and copies were sent to the higher officials concerned. Thereafter, she took up the case for investigation She proceeded to the place of occurrence, prepared the observation mahazar (Ex.P9) and rough sketch (Ex.P4) examined the minor victim girl and other witnesses and recorded their statements. On the same day, she arrested the accused at 13.30 hours and sent him for remand. She also sent the victim girl for medical examination through a woman constable Rameshwari. Thereafter, she forwarded a requisition to the Chief Judicial Magistrate to record the statement of the victim girl under Section 164 Cr.P.C, under Ex.P10. On 19.08.2017, the Judicial Magistrate No.4, Madurai, recorded her statement. Thereafter, the accused was sent for medical examination under Ex.P11. He was examined, on 19.09.2017 and the medical report of the accused was marked as Ex.P12. On 22.10.2017, the minor victim girl was delivered a female baby. On 01.02.2018, she sent a requisition to the Mahila Court requesting that a DNA test be conducted under Ex.P13. She also filed an FTA Card for a DNA Test, on 02.02.2018. Blood samples were collected from the accused and the victim and the child born to the victim's girl and the same was sent to the Government Rajaji Medical College Hospital, Madurai for a DNA test and received a DNA report (Ex.P7). Thereafter, she examined necessary witnesses and recorded their statements and filed a final report, on 21.03.2018 under Section 5(l) and 6 of the POCSO Act.

4. After receipt of the records, the Trial Court took cognizance of the case in Special SC No.67 of 2018 and issued a summons to the accused. On the appearance of the accused, copies of the entire records were furnished to him free of cost under Section 207 Cr.P.C. Thereafter, the Trial Court framed the charges against the accused under Sections 5(l) r/w 5(j)(ii) r/w 6 of the POCSO Act, 2012. The charges were read over and explained to the accused. The accused denied the charges and claimed to be tried. Therefore, the case was posted for trial.

5. On the side of the prosecution, 16 witnesses were examined as P.W.1 to P.W.16 and marked 16 documents as Exs.P1 to P16. On the side of the accused, neither oral nor documentary evidence was adduced. Court Proceedings of 164 Cr.P.C Statement was marked as Ex.C1.

6. After hearing both sides and on perusing the records both oral and documentary, the Trial Court found the accused guilty of the offences under Section 5(l), 5(j)(ii) of POCSO Act, 2012, convic