R.SUBBIAH
S. Velan – Appellant
Versus
State represented by the Inspector of Police – Respondent
This Criminal Appeal is filed against the judgment dated 08.10.2015 passed in Special Case No.3 of 2015 on the file of the Mahila Court, Chengalpattu. By the said judgment, the appellant/accused was convicted for the offence under Section 10 of the Protection of Children from Sexual Offences Act (hereinafter referred to as 'POCSO Act') and sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.1,000/-, in default, to undergo six months rigorous imprisonment.
2. Before going into the details of the evidence, the brief case of the prosecution is stated hereunder:
(a) P.W.1 lodged a complaint Ex.P-1 stating that her husband P.W.2 is working as Driver and she is having a son by name Sivalingam (P.W.4), aged about 12 years and a minor daughter--P.W.3 victim girl Gayathri alias Murugeswari, aged about 8 years.
(b) In the said complaint, P.W.1 alleged that on 31.07.2014 at about 8 p.m., P.W.2 Selvam (husband of P.W.1) and P.W.5 Selvam (sound service man) were conversing with each other near Kolachi Ammal Temple; P.W.1's son and daughter were playing near the said Temple; P.W.1 was doing household work in her house. At that time, the appellant/accused came i
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