DAVID Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in S.C.No.179 of 2016 on the files of the First Additional Sessions Court, Kollam is the appellant in the appeal. He challenges in this appeal, his conviction and sentence in the said case.

(2.) The accusation in the case is that on 12.9.2015, at about 1 a.m., the accused has committed penetrative sexual assault on the victim girl aged eight years, at her residence, by inserting his penis into her mouth, and thereby committed the offences punishable under Section 5(n) read with Section 6, and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act). The accused is the uncle of the father of the victim girl.

(3.) On the accused pleading not guilty of the charges levelled against him, the prosecution examined 14 witness on its side as PW1 to PW14 and proved through them 12 documents as Exts.P1 to P12. Among the witnesses examined, PW1 is the mother of the victim girl, PW2 is the victim girl herself, PW4 is a neighbour of the accused and PW8 is the Headmistress of the school where the victim girl was pursuing her studies at the time of the alleged occurrence. PW10 is the Police official who recorded the statement of the victim girl. PW11 is the doctor who examined the victim girl on 15.9.2015. PW13 is the Police official who registered the first information report in the case and PW14 is the investigating officer in the case. Among the documents, Ext.P1 is the first information statement. Ext.P5 is a letter addressed by PW8 to the investigating officer and Ext.P8 is the first information report in the case.