JUDGMENT :

P.DHANABAL, J.

Challenging the conviction and sentence rendered by the learned Principal Special Court for Exclusive Trial of Cases under the Prevention of Children from Sexual Offences Act, Madurai, in Spl.S.C.No.16 of 2016 dated 29.11.2021, the present criminal appeal has been filed by the appellant.

2.. The trial Court has convicted the appellant as follows:

3. The case of prosecution is that the appellant is the father of the victim girl and the victim girl along with the appellant, mother and the sisters are residing in the same roof. While so, one and half years prior to date of 02.07.2015, the accused committed aggravated penetrative sexual assault repeatedly on the victim girl, who is aged about 12 years and also caused injuries to the sexual organs of the victim girl. The said occurrence was informed to the Child Welfare Committee/P.W.1 by the aunt of the victim girl and thereafter, P.W.2/Coordinator of Child Welfare Committee enquired the victim girl and P.W.1 lodged a complaint/Ex.P.1 before the Respondent police. Based on the complaint, P.W.17/Sub Inspector of Police has registered an FIR/Ex.P.10 in Crime No.83 of 2015 for the offences under Sections 5(l), 5(m), 5(n) and 6 of POCSO Act. Thereafter, P.W.17 has handed over the case for investigation to the Inspector of Police/P.W.18 and he went to the place of occurrence and prepared observation Mahazer/Ex.P11 and rough sketch/Ex.P12 and recorded the statement of the victim girl under Section 164(5) of Cr.P.C., and on 03.07.2015 at about 01.30 hours, he arrested the accused and remanded to judicial custody and he also sent the victim girl for medical examination and thereafter, the investigation officer/P.W.19 further investigated the case and examined the witnesses. After completion of investigation, the investigation officer/P.W. 19 altered the offences under Sections 5(i), 5(l), 5(m), 5(n) and 6 of POCSO Act and filed a final report.

3.1.After filing of final report, the trial Court has framed charges for the offence under Sections5(i), 5(l), 5(m), 5(n) r/w. 6 of POCSO Act. The above charges were read over and explained to the appellant. The appellant denied the charges and claimed to be tried.

3.2.On side of the prosecution, they examined P.W.1 to P.W.19 and marked Ex.P.1 to Ex.P.14. After completion of prosecution witnesses, the appellant was examined under Section 313 (1)(b) of Cr.P.C., with regard to the incriminating circumstances appearing against him, he denied the same as false. On the side of the appellant, one document was marked as Ex.D1 and Court documents Ex.C.1 and Ex.C.2 were also marked.

3.3. After analyzing the evidences and upon hearing both sides, the trial Court has convicted the appellant for the offences as stated supra. Aggrieved by the said judgment of conviction and sentence, the present appeal has been filed by the appellant.

4.The learned counsel appearing for the appellant would submit that the appellant is none other than the father of the victim girl. Due to family dispute between the mother of the victim girl and the appellant, a false complaint has been lodged through the victim girl. Based on the said false complaint, the respondent police have registered the FIR/Ex.P.10 and without conducting the proper investigation, the respondent police have filed a final report. The trial Court without any prima facie material has also framed the charges. The evidence of the prosecution witnesses are not sufficient to prove the foundational facts for the commission of offence as against the appellant. P.W.3 is the mother of the victim and she has not lodged any complaint and she admitted that there is a natrimonial dispute between them and P.W.6 is the victim girl and her evidence is unnatural and unbeliev