J U D G M E N T

This Criminal Appeal has been filed seeking to set aside the Judgement of conviction and sentence passed in Spl.S.C.No.47 of 2018 on the file of Mahila Court, Cuddalore dated 28.11.2018.

2.The respondent police registered the case against the appellant in Crime No.146 of 2017 for offence under Sections 376 and 354 of IPC @ 6 of POCSO Act and subsequently, altered into Section 3 punishable under Section 4 and 14 of POCSO Act and Section 506(i) of IPC. After completing the investigation, the respondent police laid charge sheet before the Sessions Judge, Mahila Court, Cuddalore, and the learned Sessions Judge after completing the formalities, taken up the charge sheet on file in Spl.S.C.No.47 of 2018 and framed charges against the the appellant for offence punishable under Sections

4, 12 and 14 of POCSO Act 2012 and Section 506(ii) of IPC.

3. After framing the charges, in order to prove the case of the prosecution during trial before the trial Court, totally 12 witnesses were examined as P.W.1 to P.W.12 and 11 documents were marked as Exs.P.1 to P.11 and 1 material object was exhibited as M.O.1.

4. After completing the examination of the prosecution witnesses, incriminating circumstances culled out from the evidence of the prosecution witnesses were put before the accused by questioning under Section 313 Cr.P.C. However, the accused denied the same as false and pleaded not guilty. On the side of the defence, no oral or documentary evidence was produced.

5. On conclusion of trial after hearing the arguments advanced on either side and also considering the materials, the learned Sessions Judge convicted the accused for offence punishable under Sections 4, 12 and 14 of POCSO Act 2012 and Section 506(ii) of IPC and sentenced to undergo 12 years of rigorous imprisonment and to pay fine of Rs.5,000/- in default to undergo simple imprisonment for a further period of 2 years for the offence punishable under Section 4 of the POCSO Act, 2012; to undergo 2 years of simple imprisonment and to pay fine of Rs.3,000/- in default to undergo simple imprisonment for a further period of 6 months for the offence punishable under Section 12 of POCSO Act, 2012; to undergo 10 years of simple imprisonment and to pay fine Rs.5,000/- in default to undergo simple imprisonment for a further period of 2 years for the offence punishable under Section 14 of POCSO Act, 2012; to undergo 2 years of simple imprisonment and to pay fine of Rs.2,000/- in default to undergo simple imprisonment for a further period of 6 months. Challenging the said Judgment of conviction and sentence, the accused has filed this present appeal before this Court.

6. The case of the prosecution is that on 28.07.2017, the wife of the appellant came to the house of the victim child and told that there was some quarrel between her and her husband/the appellant herein. Thereafter, she sent the victim child to her house to see what her husband/the appellant herein is doing. When the victim went to the house of the appellant, the appellant invited the victim child to his house and told her that he would show some movies in his cell phone and when the victim went inside, the appellant showed some obscene clippings and removed her nightly and started filming her obscene. The appellant thereafter, closed her mouth and committed penetrative sexual assault on her and also threatened her with dire consequences.

7. The learned counsel for the appellant would submit that there was a delay in filing the complaint and the said delay has not been properly explained and that the unexplained delay is fatal to the case of the prosecution. Even though, the appellant is said to have been chased and caught hold by the villagers immediately soon after the occurrence, he was produced before the police only after 9 p.m. and no reason was given for the same. Though P.W.1 is the complainant, he is not eyewitness to the occurrence. Even the victim has not stated that she narrated the incident to P.W.1/defa