house for watching TV at that time, one day on 03.07.2017, at about 2 pm., when the victim was watching TV in the house of the appellant, the appellant asked the victim to accommodate for her joys, and when she refused to accept her joys and tried to leave from his house, the appellant pulled her and locked the door from inside and had a penetrative sexual assault against her will and thereafter, he threatened her that if she would not give consent for sexual assault, he would commit suicide and in that way called her several times and had sexual intercourse with her, subsequently, the victim got pregnant and thereafter, the mother came to know the pregnancy of the victim child and made enquiry about the same with the accused for pregnancy, and subsequently, she gave a birth to a male child and thereafter gave a complaint. Thereafter, the victim chid gave a birth and DNA test was taken and the report shows that the appellant is not the biological father. However, the fact remains that when the victim child used to go to watch TV in the appellant's house and taking advantage of the loneliness, he had forcible sexual intercourse and also threatened her not to disclose anybody, if do so, he would commit suicide. Thereafter, he had sexual intercourse with her for several times. Subsequently, the victim child was produced before the Doctor, and before the doctor also she has stated that a known person, who is neigbhour had sexual intercourse and thereafter, she was produced before the learned Magistrate to record statement under Section 164(5) of Cr.P.C., which also reveals that the victim child named the appellant, one who had forcible sexual intercourse with her. Further, the medical evidence and the statement of the learned Magistrate recorded under Section 164(5) of Cr.P.C. would clearly prove that the appellant had committed the offence under Section 5 of the POCSO Act, which is punishable under Section 6 of the POCSO Act. Though the appellant has not taken the custody of the victim child and the victim child gone to the house of the appellant for watching TV and at that time, he had penetrative sexual assault and the trial Court acquitted the appellant for the offence under Section 366 of IPC, however, rightly convicted the appellant for the offence under Section 6 of POCSO Act, and therefore, there is no merit in the appeal and the appeal is liable to be dismissed.
