(Criminal Appeal - POCSO Act and IPC Conviction Challenged)
The Protection of Children from Sexual Offences 2012 (POCSO) Act Sections 10 and 12 and The Indian Penal Code (IPC) Section 323. The appellant, the victim's father, was accused of sexually assaulting his daughter from ages 4 to 13, involving inappropriate touching, making her touch his private part, making her read pornographic material, and peeping while she changed clothes.
The prosecution's case relied on the complaint filed by the victim's mother (PW1) and the testimonies of the victim (PW2) and grandmother (PW3). The trial court had found the appellant guilty, sentencing him to five years of rigorous imprisonment under Section 10 POCSO Act, one year under Section 12 POCSO Act, and two months under Section 323 IPC. The appellant contended that the complaint was lodged with mala fide intentions, significantly delayed, and only after he had filed for divorce, attributing the allegations to matrimonial differences and property disputes. He highlighted the lack of medical examination, the 'parrot-like' nature of the witnesses' testimonies, and the absence of these serious allegations in PW1's earlier legal actions.