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This Criminal Appeal is preferred against the judgment and conviction passed under Section 448 IPC and under Sections 5(m) and 6 of the Protection of Children from Sexual Offences Act (POCSO Act), 2012 in Special S.C.No.66 of 2015 dated 20.02.2017 on the file of the learned Sessions Judge, Fast Track Mahila Court, Dharmapuri.

Title Description Name of the Defacto Kalpana (Mother of the minor girl child 'X') Complaint Name of the Accused Manikandan S/o Raji (23 years/2015) The accused is changed under Section 448 Case of the IPC and under Section 5(m) read with Prosecution Section 6 of the POCSO Act, 2012 Plea of the accused Pleaded not guilty.

Finding of the Court The accused is convicted for the offence under Section 448 IPC and sentenced to undergo one year rigorous imprisonment and for the offence under Section 5(m) read with Section 6 of the POCSO Act, 2012, sentenced him to undergo ten years rigorous imprisonment and to pay fine of Rs.500/- in default to undergo rigorous imprisonment for the period one month.

5. On appearance of the accused, the trial Court has furnished the copies of statement of the witnesses and documents relied upon by the prosecution under Section 207 of Cr.P.C.

6. After hearing both sides, the charges under Section 448 IPC and under Section 5 (m) read with Section 6 of the POCSO Act were framed against the accused. When the accused was questioned about the charges, he abjured guilty.

31. Therefore, it is made clear that from the evidence of P.W.1 (Kalpana), with the mens rea to commit sexual offence on the minor child 'X', the accused committed penetrative sexual assault on the child which is below 12 years. Therefore, based on the evidence of P.W.1 corroborated by P.W.2, coupled with the medical evidence of P.W.11 https://www.mhc.tn.gov.in/judis and P.W.9 along with medical records, the prosecution has clearly proved the charges and offences 448 IPC read with section 5(m) read with Section 6 of the POCSO Act beyond reasonable doubt.