JUDGMENT

This Criminal Appeal is preferred by the sole accused in Spl.S.C.No.07 of 2017 on the file of Fast Track Mahila Court, Ariyalur, assailing the judgment passed by the trial court on 28.04.2017 in which he was convicted and sentenced as follows:

2. The case of the prosecution, in brief, is as follows:

2.1. The appellant is the sole accused before the Sessions Court.

The appellant / accused and the victim's family are neighbours residing next to each other. According to the prosecution, on 30.01.2017 at about 18.00 hours, when the victim girl aged 17 years was alone at her house, the appellant / accused aged 40 years with an intention to commit sexual assault barged into her house, offered money and grabbed and pulled her hand seeking sexual favours and thereby committed sexual assault.

2.2. When the victim’s parents returned home and learned about the incident of sexual assault, a complaint (Ex-P.1) was lodged the next day i.e. 31.01.2017 by the father of the victim (P.W.1). The police registered the said complaint in Community Service Register (C.S.R) No.44 of 2017 and thereafter, on 04.02.2017, the Special Sub-Inspector of Police (P.W.7), registered case in Crime No.32 of 2017 under Section 448 of 'The Indian Penal Code (45 of 1860)' [hereinafter referred to as “IPC” for the sake of brevity] and under Section 4 of Tamil Nadu Prohibition of Women Harassment Act, 2002, and visited the place of occurrence and prepared a Rough Sketch and Observation Mahazar. Thereafter, he arrested the appellant/accused on the same day at 13.00 hours. During the investigation, he found that the victim girl was a minor on the date of offence. Hence, he filed an alteration report (Ex-P.7) after which he handed over the case file to the Inspector of Police (P.W.8).

2.3. P.W.8 - Inspector of Police received the case file on

17.02.2017 and started his investigation. He examined the witnesses once again and recorded their statements. He examined the Head Master of Government Higher Secondary School, T.Palur and obtained Education Certificate (fy;tpr;rhd;W). Thereafter, he took steps to record the statement of the victim under Section 164(5) of Code of Criminal Procedure, 1973' [hereinafter referred to as “Cr.P.C.” for the sake of brevity] and then filed a Final Report under Section 448 of IPC and Section 8 of 'The Protection of Children from Sexual Offences Act, 2012' [hereinafter referred to as “POCSO Act” for the sake of brevity] before the Special Court.

2.4. The Special Court, namely Fast Track Mahila Court, Ariyalur, took cognizance of the police report filed under Section 173 of Cr.P.C. Since the appellant / accused was on bail, the Fast Track Mahila Court, Ariyalur issued summons to the appellant / accused and on his appearance, furnished a copy of all materials to him under Section 207 of Cr.P.C. After hearing the learned Special Additional Public Prosecutor and the learned counsel for the appellant / accused, the learned Sessions Judge, found that there are sufficient materials available on record to presume that the appellant / accused committed the offence and therefore, framed charges under Section 451 of IPC and Section 8 of POCSO Act against the appellant / accused and read it over and explained the charges to him. The appellant /

accused pleaded not guilty to the charges. Hence, trial was ordered.

2.5. The prosecution in or