The trial court's conviction of the accused for multiple sexual offenses against a minor was upheld, with sentencing modified to ensure life sentences run concurrently, in accordance with established legal principles under the POCSO Act.

JUDGMENT

R.SAKTHIVEL, J.

This Criminal Appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 [hereinafter shall referred to as 'Cr.P.C' for the sake of convenience and clarity] by the sole accused in Spl. S.C.No.31 of 2017 on the file of Magalir Neethimandram (Fast Track Mahila Court) Tiruppur, assailing the judgment awarded by the trial court on 28.09.2018, in which he was convicted for the offences under Sections 5(l) r/w 6 and 5(n) r/w 6 of Protection of Children From Sexual Offences Act, 2012 [hereinafter shall referred to as 'POCSO Act' for the sake of convenience and clarity] and sentenced to undergo Rigorous Imprisonment for Life, with fine of Rs.10,000/- for each of the offences under Sections 5(l) r/w 6 and 5(n) r/w 6 of POCSO Act, in default of payment of fine, to undergo additional Rigorous Imprisonment for one year for each of the offences.

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

2.1.The victim (ZZ) was a minor girl aged 13 years at the time of occurrence i.e., between 08.03.2017 and 18.03.2017. Victim is the daughter of the defacto complainant (YY). The defacto complainant (YY) who is mother of the victim was residing along with her husband (XX), her daughter (ZZ) and her son who is a blind and aged 15 years at the time of occurrence. While so on 08.03.2017, the defacto complainant / mother of the victim (YY) and her husband (XX) went out to attend their work. The victim (ZZ) and her brother alone were at home. At about 02.00 pm., the accused took the victim (ZZ) to the half constructed building near his house, hugged her, placed his male organ into the victim's mouth and asked her to suck the same. The accused also penetrated his finger into her vagina and has sexually harassed the victim daily in the afternoon. On 10.03.2017 at about 02.00 pm, the accused penetrated the male organ into the victim's vagina and committed penetrative sexual assault over the minor victim girl. On 14.03.2017 at about 07.00 pm., the accused committed penetrative sexual assault over the victim.

On 18.03.2017 at about 02.00 pm, when the accused called to victim to have sexual intercourse with her, as the victim refused, the accused caused criminal intimidation on her by saying that he will do away with her if she discloses about the occurrence to anybody. The accused committed the said offences from 08.03.2017 to 18.03.2017 several times when the accused used to come home during the lunch hours. On 18.03.2017 (Saturday), the victim disclosed the offence to defacto complainant / mother (YY). Immediately, after coming to know about the occurrence, the victim's mother (YY) asked the accused and enquired about the offences. At that time, the accused pushed the victim's parents and ran out. The mother of the victim (YY) went to the police station and lodged a complaint to the Sub-Inspector of Police on 19.03.2017 at 09.00 am. Based on the complaint, the Sub-Inspector of Police took investigation and after completion of investigation, filed charge sheet under Sections 5(l)(n) read with Section 6 of POCSO Act and 506(ii) of IPC.

2.2.With a view to prove the case, the prosecution examined 9 witnesses as P.W.1 to P.W.9 and marked 10 documents as Ex.P1 to Ex.P10 and marked three material objects as M.O.1 to M.O.3. On the side of the appellant / accused, neither witnesses were examined nor documents were marked.

2.3.After hearing both sides, the learned Sessions Judge found the appellant / accused guilty and thus by judgment dated 28.09.2018 convicted and sentenced him as follows:

3.Feeling aggrieved with the judgment, the appellant