The court affirmed the conviction for aggravated sexual assault against a minor, underscoring the presumption of guilt under POCSO when foundational facts are established.

JUDGMENT

“Our children are our greatest treasure. They are out future. Those who abuse them tear at the fabric of our society and weaken our nation. We owe our children – the most vulnerable citizens in any society – a life free from violence and fear.”

– Nelson Mandela

The Criminal Appeal is directed against the judgment of conviction made in Spl.S.C.No.40 of 2019 dated 27.07.2021 on the file of the Mahila Court, Tiruchirappalli.

2. The Inspector of Police, All Women Police Station – Fort, Trichy City laid a charge sheet against the appellant / sole accused (hereinafter referred as 'accused') alleging that the defacto complainant's minor daughter aged about 6 years got enrolled in MND Crew School of Dance in CK Complex, Melasinthamani, Trichy during summer vacation and she used to attend the classes between 05.00 p.m. and 06.00 p.m. daily. The accused was working as a dance master in that school. On 30.05.2019 as usual the defacto complainant dropped the victim child at 05.00 p.m. in the dance school. The accused asked the victim child to lick his private part and also to shake it and thereafter, he asked the victim child to lie down on her back and lied on her and rubbed her private parts and that thereby, the accused had committed the offences punishable under Section 376AB IPC and Section 5(m) r/w 6 of Protection of Child From Sexual Offences Act, 2012 (hereinafter referred as 'POCSO Act').

3. After receipt of the final report, the case was taken on file in Spl.S.C.No.40 of 2019 on the file of the Mahila Court, Tiruchirappalli. After appearance of the accused, copies of records were furnished under Section 207 Cr.P.C. on free of costs. The learned Sessions Judge, on perusing of records and on hearing both the sides, being satisfied that there existed a prima facie case as against the accused, framed charges under Section 376AB IPC and Section 5(m) r/w 6 of POCSO Act and the same were read over and explained to him and on being questioned, the accused denied the charges and pleaded not guilty.

4. The prosecution, to prove its case, examined 14 witnesses as P.W.1 to P.W.14 and exhibited 11 documents as Ex.P.1 to Ex.P.11.

5. The case of the prosecution emerging from the evidence adduced by the prosecution in brief as follows;

(a) P.W.2 - defacto complainant is the wife of P.W.3 and P.W.1 – victim child is their daughter. P.W.2 along with P.W.3 and P.W.1 are residing at Anthoniyar Kovil Street, Melasinthamani, Trichy. P.W.3 is working as a sales representative at Coimbatore. P.W.1 was studying 1^st standard in Swords Nursery School situated nearby Naganathar Swamy Temple. During summer vacation, P.W.2 had enrolled her daughter P.W.1 in MND Crew School of Dance in CK Complex, Melasinthamani on 01.05.2019. P.W.2 used to drop P.W.1 at the dance school at 05.00 p.m. and pick her at 06.00 p.m. daily.

(b) The accused was working as a dance teacher in the dance school and he used to teach dance to P.W.1. P.W.5 is residing in a house just opposite to P.W.2's house. P.W.5 recommended to admit P.W.1 in the said dance school. On 30.05.2019, P.W.2 went to the dance school to pick her daughter and at that time, the accused informed P.W.1 that she should do it properly tomorrow or else she has to leave. Immediately, P.W.2 asked whether P.W.1 was not dancing properly and the accused replied that though P.W.1 was dancing, she is behaving like childish sometimes. On the way to their home, P.W.2 questioned P.W.1 as to whether she is not putting dance steps properly and at that time P.W.1 informed that she was forced to do oral sex with the accused and he was referring