Aggrieved by his conviction and sentence for the

offences punishable under Sections 354 and 506 of IPC,

Section 9(m) read with Section 10, Section 11 read with

Sections 12 and 18 of the Protection of Children from

Sexual Offences Act, 2012 (8POCSO Act9 for short), the

accused in Spl.C.C.No.576/2014 has preferred the above

appeal.

2.

The

appellant

was

prosecuted

in

Spl.C.C.No.576/2014 on the file of LIV Additional City

Civil & Sessions Judge, Special Court for the aforesaid

charges on the basis of the charge sheet filed by

Sanjaynagar police in Crime No.223/2014 of their police

station.

3.

The case of the prosecution in brief is as

follows:

(i)

PWs.1 and 2 are the mother and father of

PW.3 the victim girl aged 8 years. The house of the

appellant situated after crossing two houses from the

3

house of PW.3. The sister of the appellant was conducting

tuitions for the children living around her house.

(ii)

On 01.10.2014 at 2.00 p.m., the appellant

called the victim to his house in the guise of fetching him

some nippattu from the shop. He paid some money. She

brought nippattu from the shop and gave that to him.

When she was about to return to her house, the appellant

gripped her, closed the doors, shut her mouth and

pressed the breast. Further he forced her to place his

penis in her mouth. The victim resisted. He threatened

her of her life if she reveals the incident to others and left

her.

(iii)

On reaching the home, the wailing victim

informed PW.1 about the incident. PW.5 runs a shop near

the house of the victim and the appellant. He found panic

PWs.1 and 3. They revealed the incident to him. He took

them to the police station.

(iv)

PW.1 filed the complaint before PW.10 the

Sub-Inspector of Police of Sanjaynagar police station as

per Ex.P1. On the basis of such complaint, he registered

the first information report as per Ex.P10, arrested the

4

appellant and recorded his voluntary statement on the

same day.

(v)

PW10 sent the victim to PW.9 the Medical

Officer of Dr.Ambedkar Medical College and Hospital for

medical examination. The doctor examined the victim and

gave his certificate as per Ex.P8.

(vi)

On 02.10.2014, PW.10 conducted the spot

mahazar as per Ex.P2 in the presence of CWs.10 and 11.

The victim showed the spot to the Investigating Officer.

The Investigating Officer recorded the statements of the

witnesses, collected the medical examination report.

(vii) On the requisition of the Investigating Officer,

the victim was examined by the Judicial Magistrate under

Section

164

of

Cr.P.C

and

on

completing

the

investigation, he filed the charge sheet.

4.

On hearing both side, the trial Court framed

the charges for the offences punishable under Sections

354 and 506 of IPC, Section 9(m) read with Section 10,

Section

11

read

with

Sections

12

and

18

of

POCSO Act. Since the appellant denied the charges,

5

the trial was conducted. In support of it9s case, the

prosecution examined PWs.1 to 11 and got marked

Exs.P1 to P12. The trial Court examined the appellant

with reference to the incriminating material. He did not

lead any evidence.

5.

The trial Court on appreciating the evidence

on record by the impugned judgment and order convicted

the appellant for the charges and sentenced him as

follows:

Sl.

No.

Conviction

for offence

U/Sec.

Sentence

Fine

in

Rs.

Default

sentence

9(m)

r/w

Section 10

of

POCSO

Act

Rigorous

imprisonment

of five years

30,000/-

Simple

imprisonment

of six months

Section 11

r/w

Sections

12 & 18 of

POCSO Act

Rigorous

imprisonment

of

one

and

half years

10,000/-

Simple

imprisonment

of

four

months

3

506 of IPC

Rigorous

imprisonment

of one year

10,000/-

Simple

imprisonment

of

three

months

6.

The trial Court holds that the charges were

proved by the testimony of PW.3 the victim girl and the

same is corroborated by the evidence of her parents

PWs.1 and 2, and the Investigating Officer PW.10.

6

Submissions of the learned Amicus Curiae:

7.

There are material contradi