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She [PW13] has also examined PW2/victim girl. PW2 has stated before her, that about one week later of the alleged incident on her sister/PW1/victim girl by the accused, her step-father [accused] took her [Pw2] to the terrace of the house and fondled her breasts. PW13 deposed that, on external examination of PW2, she was alert, conscious and co-operative. No external injury marks found. On examination of genetelia parts, no injuries were found. Hymen was intact. Accordingly, she has issued the MLC Extract copy as per Ex.P4 in respect of the victim girl/PW2.

"Her[PW1] step-father Shakthivelu [accused] took her home from school 2 months back by two wheeler. At home, he told her that, her mother had gone to work, he then took her to room and forcibly removed her uniform, when she shouted and tried to resist, he tied her hands and put a gag on her mouth. He then removed her inner garments and had sexual intercourse. She did not tell to her mother, because accused threatened to kill her, her mother and sister, if she told anyone. Victim also stated that, he has been fondling her breast and touching her private parts, over last one year. According to victim, one month back, she says that her mother was not well and husband Shakthivelu gave sleeping pills to her [mother of victim]. When she passed asleep, he had intercourse with victim -PW1 again".

So, also with reference to the history noted in respect of victim girl/PW2, this witness further deposed that:

"That about 30 days back, her mother was ill, her step-father- accused [Shakthivelu] gave her mother some tablets, because of the same her mother went asleep. PW2 and her sister PW1 were sleeping in the hall. PW2 stated that her step-father-

accused [Shakthivelu] came to the hall and started fondling her sister-PW1. He took off her [PW1] clothes and undergarments and removed his own undergarments and she further stated that he slept on her sister's PW1's body. PW1 was trying to cry out. But, he stuffed the cloth into her mouth. PW2 stated that she was so scared and she covered herself with the blanket and slept. PW2 further stated that about one week later, her step-father took her to the terrace of the house and he fondled her breasts. He told her that he would kill her mother, her sister-PW1 and herself, if she told anyone what he had done. According to PW2, accused did not kiss her and fondled her private parts or tried to have intercourse with her [PW2]".

(b) Regarding PW2-the victim girl, it is not the case of the prosecution that, she was sexually assaulted, which is coming within the purview of Sec.3 or Sec. 5 of POCSO Act, 2012, but, it is only fondling her breasts by the accused and it is only sexual assault. Therefore, question of considering her other physical conditions regarding the genital examination and hence, it is immaterial to consider in detail, but, it is the statement given by PW2 at the time of her examination by PW13, which supports about the prosecution case regarding the acts of the accused with PW1 as well as PW2 on different occasions subjecting them for aggravated penetrative sexual assault and also sexual assault on PWs-1 and 2 respectively.