J U D G M E N T

This Criminal Appeal has been filed seeking to set aside the Judgment of conviction and sentence passed in New Spl.S.C.No.20 of 2019 dated 14.09.2021 by the learned Sessions Judge, POCSO Cases, Special Court, Salem.

2.The respondent police registered the case in Crime No.18 of

2015 against the appellant initially for the offence under Section 506(ii) IPC and Section 3 punishable under Section 4 of POCSO Act, 2012 and after completing the investigation, laid charge sheet for the offence under Section 506(ii) IPC and Section 3 punishable under Section 4 of POCSO Act, 2012 before Sessions Judge, Mahila Court, Salem and the same was taken on file in Spl.S.C.No.32 of 2016. The learned Sessions Judge, after completing the formalities framed charges against the appellant for the offence under Section 506(2) IPC and Section 5(l) of POCSO Act 2012 punishable under Section 6 of POCSO Act and subsequently, the case was transferred to the Special Court for POCSO Cases, Salem, and assigned new number Spl.S.C.No.20 of 2019.

3. After framing the charges, in order to prove the case of the prosecution, during trial before the trial Court, totally 11 witnesses were examined as P.W.1 to P.W.11 and 19 documents were marked as Exs.P.1 to P.19 and one material object was exhibited.

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, two witnesses were examined as D.W.1 and D.W.2 no 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, found the appellant guilty for the offence under Section 5(l) of POCSO Act 2012 punishable under Section 6 of POCSO Act and Section 506(1) of IPC and convicted and sentenced to undergo Ten years Rigorous Imprisonment and to pay fine of Rs.20,000/- in default to undergo simple imprisonment for a further period of six months for the offence under Section 5(l) of POCSO Act 2012 punishable under Section 6 of POCSO Act; to undergo two years rigorous imprisonment and to pay fine of Rs.5,000/- in default to undergo simple imprisonment for a further period of three months for the offence under Section 506(1) IPC. Challenging the said Judgment of conviction and sentence, the accused has filed the present appeal before this Court.

6. The case of the prosecution is that the appellant the neighbour of the victim girl and he is survived by his wife and child. The wife of the appellant is a handicapped in leg. Hence, the neighbour women used to help her in doing household work and to take care of her child. Further, whenever the wife of the appellant used to sit in the neighbour's house, she would ask the victim girl to fetch milk for the child from her house and the victim would go to the house of the appellant and fetch milk. While so, in the year of 2015, one week before Diwali Festival, the wife of the appellant had asked the victim girl to fetch milk in a bottle from her house. Hence, the victim girl went to the house of the appellant. At that time, the appellant bolted the door from inside, closed the mouth of the victim with cloth and made her to lie on the cot by tying her hands and forcible had penetrative sexual intercourse with her. Further the appellant had threatened the victim not to disclose the same to anyone. In continuation of the same, on 21.12.2015 at about 6.00 p.m., when the victim had gone to the house of the appellant, again the appellant had forcible penetrative sexual intercourse with her. Thereafter, the victim informed the same to her mother. Subsequently, the mother of the victim lodged the complaint on 26.12.2015.

7. The Learned counsel for the appellant submitted that the appellant has not committed any offen