JUDGMENT

This Criminal Appeal has been filed to set aside the judgment passed by the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Salem made in New SSC No.212 of 2019 (Old SCC No.12 of 2019) dated 06.08.2021

2. The respondent police registered a case against the appellant in Crime No. 8 of 2018 for the offences punishable under Sections 363, 366 of IPC. During investigation, the offences are altered into Section 363 and 366 of IPC and Section 3(b) punishable under Section 4 of the POCSO Act, 2012. Subsequently, after investigation, the respondent police laid a charge sheet for the offences punishable under Section 363 and 366 of IPC and Section 3(b) punishable under Section 4 of POCSO Act, 2012 before the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Salem.

3. After framing of charges, the case was posted for trial and during the trial, in order to substantiate the charges framed against the appellant, on the side of the prosecution, as many as 11 witnesses were examined as Pw1 to 11 and 22 documents were marked as Exs.P1 to 22 and no material objects were marked.

4. After completing the examination of prosecution witnesses, when the incriminating circumstances culled out from the evidence of prosecution witnesses were put to the appellant by questioning under Section 313 of CrPc, wherein he denied the same as false and pleaded not guilty. On the side of the defense, no oral and documentary evidence was produced.

5.On conclusion of trial, hearing the arguments advanced on either side and considering the materials, the trial court found the appellant guilty for the offences punishable under Section 363 and 366 of IPC and Section 3(b) punishable under Section 4 of POCSO Act, 2012 and accused was convicted and sentenced to undergo 3 years of rigorous imprisonment and pay fine of Rs.5,000/- in default to undergo three months of simple imprisonment for the offence punishable under Section 363 of IPC. Further, the accused was convicted and sentenced to undergo

3 years of rigorous imprisonment and pay fine of Rs.5000/- in default to undergo three months of simple imprisonment for the offences punishable under Section 366 of IPC and the accused was also convicted and sentenced to undergo 10 years of rigorous imprisonment and pay fine of Rs.10,000/- in default to undergo three months of simple imprisonment for the offences under Section 3(b) punishable under Section 4 of POCSO Act, 2012.

6. Challenging the said judgment of conviction and sentence passed by the trial court, the accused has filed the present appeal.

7. The case of the prosecution is that the victim child was aged 17 years at the time of occurrence on 19.08.2018. When the victim was staying at her grand mother's house, the appellant herein went there at about 10.30 am. He promised to marry the victim girl and took the victim to Ariyur on 20.08.2018 and thereafter, they went to Mettur on 22.08.2018. While staying there, the appellant had committed penetrative sexual assault on the victim by inserting his fingers into her private part. Subsequently, the mother of the victim gave a complaint before the respondent police.

8. After receiving the complaint, the respondent police registered a case against the appellant in Crime No. 8 of 2018 for the offences under Sections 363, 366 of IPC. During investigation, the respondent came to know that the appellant had committed penetrative sexual assault on the victim, which falls under Section 3(b) punishable under Section 4 of POCSO Act, 2012 and they have also added the said commission of offence in the charge sheet. Subsequently, they laid the charge sheet for the offences under Section 363 and 366 of IPC and Section 3(b) punishable under Section 4 of POCSO Act, 2012 before the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Salem.

9. The learned counsel appearing for the appellant would submit that a false case has been foisted