Conviction in sexual assault cases requires corroborative evidence alongside victim testimony; inconsistent accounts can undermine credibility, necessitating careful judicial scrutiny over procedural flaws and motives.

JUDGMENT :

G.K.ILANTHIRAIYAN, J.

This appeal is directed as against the Judgment passed in Spl.S.C.No.22 of 2022, dated 28.10.2022, on the file of the Sessions Judge, Mahila Court, Pudukottai.

2. The case of the prosecution is that the complainant is the mother of the minor victim girl and she resides in the house next door of the accused along with the victim girl, who is aged about 15 years and her two other younger daughters. On 07.11.2021, when the mother of the victim girl was taking her younger daughters to Trichy for leaving them in Nagamangalam school hostel, around 4.30 p.m., the victim was playing outside her house, the accused called her to bring some water. When the victim girl went to the house of the accused, he had entered the house and had locked the door with sexual intent and had pushed the victim girl down and had removed her dresses and had committed aggravated penetrative sexual assault on her. Earlier, ten months prior to the occurrence, the accused had kept the victim girl in his house and in drunken mood had committed aggravated penetrative sexual assault on her and had criminally intimidated the victim girl that if she discloses the same to anyone, he would murder her.

3. Based on the complaint given by P.W.1, who is the mother of the victim girl, FIR was registered by the Pudukkottai All Women Police Station in Cr.No.24 of 2021 for the offences punishable under Sections 506 Part I of IPC and l Section 5( ) and 6(1) of POCSO Act. After completion of investigation, a final report was filed and the same has been taken cognizance by the trial Court. The trial Court framed the charge under Section 6(1) of the POCSO Act and Section 506 Part I of IPC as against the accused.

4. In order to bring the charges to home, the prosecution had examined P.W.1 to P.W.8 and marked Ex.P.1 to Ex.P.10. On the side of the accused, D.W.1 to D.W.3 were examined and Ex.D1 was produced before the trial Court.

5. On perusal of oral and documentary evidence, the trial Court found the accused guilty for the offence punishable under Section 6(1) of POCSO Act and 506 Part I of IPC. He was sentenced to undergo Life Imprisonment and to pay a fine of Rs.1,00,000/-, in default, to undergo one year Rigorous Imprisonment for the offence punishable under Section 6(1) of POCSO Act; he was sentenced to undergo two years Rigorous Imprisonment. Aggrieved by the same, the appellant has preferred the present appeal.

6. The learned counsel for the appellant submits that, due to previous enmity, a false case has been foisted as against the accused. The victim girl's house is nearby to the house of the accused. On the date of occurrence, the mother of the victim girl had visited the school hostel at Nagamangalam to leave her two younger daughters. At that juncture, she received a phone call from her co-sister one Mathumithra about the occurrence. Thereafter, she came to her house and enquired about the occurrence with the victim girl and lodged a complaint on the next day ie., on 08.11.2021 at about 07.00 p.m. There was a huge delay in lodging the complaint and that there is no explanation by the prosecution. On 28.10.2021 there was a dispute between the accused family and the victim girl's family with regard to drawing of water in the public pipeline, which is situated close to their house. In continuation of the same, on the same day at about 08.00 p.m., the husband of the co-sister of P.W.1, under the influence of alcohol, came to the house of the accused along with all family members and assaulted the