SELVARAJ Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is preferred, assailing the Judgment, dated October 22, 2016, passed by the 'learned Sessions Judge, Magalir Neethimandram (Mahila Court) Coimbatore' (henceforth 'Trial Court' for the sake of brevity) in Special C.C. No.58 of 2014, by the 'Appellant herein' (henceforth 'Accused' as per Trial Court's description), in which he was convicted and sentenced to undergo five years of Rigorous Imprisonment with a Fine of Rs.20,000.00 (Rupees Twenty Thousand Only) in default thereof, to undergo three months of Simple Imprisonment, for the offences under Sec. 7 read with Sec. 9(m) read with Sec. 10 of 'Protection of Children from Sexual Offences Act, 2012' [henceforth 'POCSO Act' for the sake of brevity].

(2.) The case of the Prosecution, in brief, is as follows:

(3.) The learned Counsel for the Accused has argued that the Trial Court has not considered and appreciated the Prosecution evidence in the right perspective; that according to the prosecution, the alleged occurrence happened on December 4, 2013, but the FIR has been registered on December 5, 2013, i.e. after a delay of 22 hours; that the prosecution did not examine any independent Witness; that the evidence of PW4 tends to belie the Prosecution's case; that the Medical evidence has also not supported the prosecution's case; that the Trial Court has not appreciated the evidence of DW1 to DW5 in a proper manner; and that the Accused is an innocent and he did not commit any offence as alleged. Accordingly, he prayed to allow the Criminal Appeal, set aside the impugned Judgment and acquit the Accused.