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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. VELMURUGAN, J.
K. Ruban – Appellant
Versus
State Rep. by All Women Police Station, Pollachi – Respondent
Crl. Appeal No. 253 of 2021, Crl. M.P. No. 5839 of 2021
Decided On : 22-10-2021
Code of Criminal Procedure, 1973 - Section 374(2), 313 and 164 - Protection of Children from Sexual Offences Act, 2012 - Sections 9(m), 9(n), 10, 11(i) r/w 12, 29 and 30 - Intend To Commit Sexual Offence - Appeal Against Conviction - Victim girl PW-2, who was aged about 11 years and she was residing with her parents PWs. 1 and 3 - PW-2 appellant/accused was residing near victim girl’s house and was running a Travels and also owned a vehicle and he used to drive same for rent - When victim girl was alone in her house, appellant/accused with an devil intend to commit sexual offence on her, called victim child to come to a vacant place near her house and since victim shouted, appellant ran away from place - When victim girl was alone in her house, appellant entered into house and called her by pulling her hand forcibly and by showing his private parts and since victim child raised alarm, appellant ran away from the place - Therefore present case was registered – Held, In present case on hand, there is no eye witness except victim child, who was 11 years at time of occurrence and she has clearly spoken about incident and manner in which offence committed by appellant, which is cogent, consistent and trustworthy and this Court does not finds any reason to disbelieve or discord evidence of victim child - In absence of any compelled circumstances to disbelieve evidence of victim, this Court finds that evidence of victim child inspires confidence of Court - On a careful reading of evidence of victim child, this Court finds no reason to disbelieve same - On reading of entire materials, this Court is of the view that prosecution has proved its case beyond all reasonable doubt - This Court come to conclusion that there is no merit in appeal and there is no sound reason to interfere with judgment of conviction and sentence - Appeal dismissed.
JUDGMENT :
P. VELMURUGAN, J.
Prayer: The Criminal Appeal filed under Section 374(2) of Code of Criminal Procedure seeking to call for the records relating to the judgment of conviction dated 23.04.2021 passed in Spl. C.C. No. 96 of 2019 on the file of the learned Sessions Judge, Special Court for Exclusive trial of Cases under the POCSO Act, Coimbatore, (transferred Spl. C.C. No. 104 of 2019, learned Mahila Court, Coimbatore) and set aside the same by allowing this criminal appeal.
1. This criminal appeal has been filed against the judgment of conviction dated 23.04.2021 passed in Spl. C.C. No. 96 of 2019 on the file of the learned Sessions Judge, Special Court for Exclusive Trial of Cases Under POCSO Act, Coimbatore.
2. The respondent police registered a case in Cr. No. 08 of 2019 against the appellant for the offence under Sections 9(m), 9(n) r/w 10, 11(i) r/w 12 of Protection of Children from Sexual Offences Act, 2012 (in short “the POCSO Act”). After completing investigation, the respondent police laid a charge sheet before the Magalir Neethimandram (Mahila Court), Coimbatore, which was taken on file in Spl. C.C. No. 104 of 2049 and subsequently the case was transferred to the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore. The learned Sessions Judge taken the case on file in Spl. C.C. No. 96 of 2019 and after hearing both the accused and the prosecution and after perusing the records, since there is prima-facie case, framed charges against the appellant/accused for the offence under Section 9(m), 9(n) punishable under Section 10 and 11(i) punishable under Section 12 of the POCSO Act.
3. Before the trial Court, in order to substantiate the charges, prosecution has examined as many as 13 witnesses as PWs. 1 to 15 and Exs.P1 to P11 were marked and no material object was exhibited. After completing examination of prosecution witnesses, when incriminating circumstances culled out from the evidence of prosecution witnesses were put before the accused by questioning under Section 313 Cr.P.C. he denied the same as false and pleaded not guilty. On the side of the defence, DWs. 1 to 5 were examined and Exs.D1 to D7 were marked besides one Court document as Ex.C1.
4. The learned Sessions Judge, on completion of trial and hearing arguments advanced on either side, by judgment dated 23.04.2021 convicted the appellant/accused and sentenced him to undergo rigorous imprisonment for a period of seven years with fine of Rs. 5,000/- in default, to undergo rigorous imprisonment for a period of one year for the offence under Section 9(m), 9(n) punishable under Section 10 of the POCSO Act and sentenced him to undergo rigorous imprisonment for a period of three years with fine of Rs. 5,000/- in default to undergo rigorous imprisonment for a period of one year for the offence under Section 11(i) punishable under Section 12 of POCSO Act and further ordered compensation of Rs. 2,00,000/- for the victim girl. Aggrieved against the said judgment of conviction and sentence, the accused has preferred this criminal appeal.
5. The learned counsel appearing for the appellant/accused would submit that there are many contradictions in the evidence of PW-2 the victim girl and there is inordinate delay in filing the complaint and the same has not been explained by the prosecution and hence unexplained delay is fatal to the case of the prosecution. The victim girl has not stated any specific dates while recording statement under Section 164 of Cr.P.C. but during examination as witness before the Court, she has mentioned the occurrence date as 23.05.2019 to 25.05.2019 and therefore there are material contradictions and improvements, which would affect the case of the prosecution. There is no independent witness to corroborate the alleged occurrence as projected by the prosecution. Even though, the place, where the occurrence is said to have taken place is a very busy area, prosecution has failed to examine any independe
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