A step-father committing penetrative sexual assault on a step-daughter constitutes an 'aggravated penetrative sexual assault' under Section 5(n) and Section 6 of the POCSO Act, and the victim's consistent testimony, corroborated by medical and school documentation, is sufficient to sustain a conviction even if minor procedural contradictions exist.

JUDGMENT

(Judgment of the Court was made by the Hon'ble P.VELMURUGAN J.

This criminal appeal is filed against the judgment of conviction and sentence passed by the learned Sessions Judge, Principal Special Court for exclusive Trial of Cases under POCSO Act, Thanjavur, in Special SC No.04 of 2022, dated 08/05/2025 and consequently to acquit the appellant.

2.The case of the prosecution is that the victim child is aged about 12 years at the time of the occurrence and she was studying 8^th Standard. The de-facto complainant is the mother of the victim child. The accused is the step father of the victim chid. The first husband of the de- facto complainant fell in a well and passed away 10 years back. When the de-facto complainant was working in Coimbatore, relationship developed between herself and the accused and thereafter, she lived with the accused along with her son and the victim child, who were born through the deceased first husband. They were working in the brick-kiln. When there was no work in the brick-kiln, the accused went to Karur and doing welding work. In the meantime, on 03/08/2021 at 12.00 midnight, the accused touched the breasts of the victim child, inserted his genital into her genital and had forcible sexual intercourse with her. When the victim child questioned the accused, he has stated to her that she is not born to him and she is his wife and threatened her stating that if she disclosed the occurrence to anybody, he would leave them in lurch. Again on 15/08/2021, on the independence day at about 05.00 am, he lifted her nighty, touched her breasts and forcibly had sexual intercourse with her.

3.Based on the complaint (Ex.P1) given by the mother of the victim child, the respondent Police registered a case in Crime No.13 of 2021 for the offences punishable under Sections 4(2), 5(l) and 6 of Protection of Children from Sexual Offence Act, (herein-after referred as to 'POCSO Act) against the accused. After completing the investigation, the respondent Police laid a charge sheet before the learned Sessions Judge, Special Court for exclusive Trial of Cases under POCSO Act, Thanjavur, under Sections 5(m), 5(n), 5(l) r/w 6 of POCSO Act and the same was taken on file in Special SC No.04 of 2022.

4.After completing the formalities under Section 207 Cr.P.C., since there was a prima facie material to frame charges against the accused, the learned Sessions Judge framed charges for the offences punishable under Section 6 r/w 5(l), (n) of POCSO Act and Section 506(i) IPC.

5.After framing charges, during trial, on the side of the prosecution, in order to substantiate the charges, totally 18 witnesses were examined as PW1 to PW18 and 14 documents were marked as Exs.P1 to P14.

6.After completing the examination of the prosecution side witnesses, when the accused was questioned under Section 313 Cr.P.C., in respect of the incriminating circumstances appearing against him based on the evidence adduced by the prosecution, he denied the same as false. On the side of the defence, no oral and documentary evidence was adduced.

7.After completing the trial and upon hearing the arguments advanced on either side and also considering the oral and documentary evidence adduced, the learned Trial Judge found the guilty, who is appellant herein, for the offences under Section 6 r/w 5(l), 5(n) of POCSO Act and 506(i) IPC, convicted him thereunder and sentenced him to undergo Life Imprisonment and to pay a fine of Rs.15,000/-, in default to undergo 6 months of Simple Imprisonment for the offence under Section 6