VASUDEVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed by the sole accused in the case S.C.No.253/2016 on the file of the Additional Sessions Court-I, Kalpetta.

(2.) The prosecution case, in short, is as follows: The accused and the victim girl were neighbours. The accused is a relative of the father of the victim girl. The girl, who was aged seven years, used to go to the house of the accused to play with his daughter. When the victim girl was at the house of the accused, on several occasions in the month of March 2016, he committed rape and aggravated penetrative sexual assault upon her by inserting his finger into her vagina. He also committed sexual assault on her by touching and kissing on her breast and vagina and also by rubbing his penis on her vagina.

(3.) The victim girl disclosed the acts of the accused to PW4, her cousin sister, when she felt pain during urination. PW4 told the matter to PW1, the mother of the victim girl. When the teachers of the school in which the victim girl was studying came to know about the incident, they contacted the Childline. The matter was brought to the notice of the police by the Childline. On 22.06.2016, PW14 WCPO went to the house of PW1 and recorded Ext.P1 statement given by PW1. PW16 Sub Inspector registered Ext.P11 FIR on the basis of Ext.P1 statement. The investigation of the case was conducted by PW17 Circle Inspector. After completing the investigation, he filed final report against the accused for the offences punishable under Sections 376(2)(f), 376(2)(i) and 376(2)(n) of the Indian Penal Code and also under Sections 3(a) and 3(b) read with Section 4 and Sections 5(l), 5(m) and 5(n) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short 'the POCSO Act').