victim child to be sent for medical examination, he has stated that medical examination may not be required in this case since the victim child has not suffered any injuries. Thus, none of the ingredients of Section 7 of the POCSO Act is attracted. Though the charges were framed under Section 9 (l), 9 (m) which are punishable under Section 10 of the POCSO Act, the Trial Court convicted the accused/appellant only for the offence under Section 7 of the POCSO Act, which is unwarranted. In any event, there are no independent witnesses examined by the prosecution to prove its case. Even the shopkeeper Muthu Pandian, who was said to be available at the time of occurrence and was present at the scene of occurrence was not examined and therefore his non-examination is fatal to the case of the prosecution. The victim was not immediately produced for medical examination before the medical officer or before the Judicial Magistrate, to record her statement under Section 164 of Cr.P.C., therefore, non-production of the victim before the medical officer for medical examination and before the Judicial Magistrate is also fatal to the case of the prosecution. It is also stated that there is enimity between the appellant and PW1/father with reference to the construction work. In order to take vengeance, the father of the victim had foisted a false against the appellant. In this case, there is no eye witness, except the victim and she alone only stated about the offence alleged to have been committed by the appellant. The appellant is a neighbour known to the victim child and he is an aged person. The appellant, without any intention, touched the child and it will not attract the ingredients of Section 7 of the POSCO Act. The prosecution failed to establish the sexual intention on the part of the appellant. From any angle, the appellant has not committed any offence either under Section 9 or under Section 7 of the POCSO Act. The Trial Court wrongly convicted the appellant, without an appreciation of any evidence and therefore, the conviction and sentence passed by the Trial Court is liable to be set aside.
