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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. HEMALATHA, J.
K. Madhu – Appellant
Versus
State Represented by The Inspector of Police, Harur – Respondent
Crl.A. No. 34 of 2022
Decided On : 21-07-2023
POCSO Act - Sexual Assault - Section 4 of POCSO Act - [Section 4 of POCSO Act] - The court discussed the incident of sexual assault on a 5-year-old victim, the investigation process, trial proceedings, and the arguments presented by both the prosecution and defense. The court emphasized the conclusive proof of the offense based on the victim's testimony, the presumption under Section 29 of the POCSO Act, and the severity of sexual assault on a child. The court upheld the conviction and sentence based on the strong deposition of the victim and the need to address such acts with a severe penalty.
Fact of the Case:
The case involved the sexual assault of a 5-year-old victim, as narrated by the prosecution, and the subsequent investigation and trial proceedings.
Finding of the Court:
The court found the victim's testimony to be conclusive and inspiring confidence, emphasized the severity of sexual assault on a child, and upheld the conviction and sentence based on the strong deposition of the victim.
Issues: The issues included the clarity of the victim's statement, evidence of enmity between families, physical injuries, delay in lodging the complaint, and the necessity of additional witnesses.
Ratio Decidendi: The court emphasized the conclusive proof of the offense based on the victim's testimony, the presumption under Section 29 of the POCSO Act, and the severity of sexual assault on a child.
Final Decision: The Criminal Appeal was dismissed, and the conviction and sentence passed by the trial Court were confirmed.
JUDGMENT
(Prayer: Criminal Appeal filed under Section 374 (2) of Criminal Procedure Code, 1973 to allow the criminal appeal, set aside the conviction and sentence passed by the learned Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Dharmapuri in judgment dated 06.06.2019 passed in Spl.S.C.No.24/2016.)
1. This criminal appeal is against the Judgment and order of the Sessions Judge (Fast Track Mahila Court), Dharmapuri, made in Spl.S.C.No.24/2016, dated 06.06.2019.
2. The appellant is the accused in Spl.S.C.No.24/2016 and he is convicted and sentenced as detailed hereunder:
| Conviction | Sentence |
| Section 4 of POCSO Act | i. Rigorous Imprisonment for 7 years and a fine ofRs.5,000/-, in default, toundergo 3 months Rigorous imprisonment. ii. To pay a sum of Rs.10,000/- to the victim as compensation in default, to undergo simple imprisonment for 3 months. iii. The period already undergone has been directed to be set off under Section 428 Cr.P.C. |
3. The Incident as naratted by the prosecution
The scene of occurrence of the crime is Dasarahalli Colony in Harur, Dharmapuri District. PW-1 is the complainant and the mother of three children, one of whom is the victim. The victim(P.W.2) who was 5 years old was playing on 11.03.2016 with her twin sister and another child (Anbuselvi) in front of the house of the accused Madhu who was also a resident of the same colony. They were studying in the Balwadi next door. It is alleged that the said accused had taken the victim child to the bathroom, removed her inner brief and pressed his penis on the private part of the victim child. She screamed in pain. Her twin sister who peeped into the bathroom to know what was happening saw this act of the accused after which the victim was let off. The victim child had narrated the incident to her twin sister and to another friend Anbuselvi, who was also playing with her.
The mother of the victim child observed the strange behaviour of the child who refused to squat on the floor and also did not eat properly. She also complained of abdominal pain when the mother persistently questioned her child and on knowing the matter on 14.03.2016, took the victim child to Morappur Government Hospital where she was referred to Dharmapuri Government Hospital. Since her husband was not in station, she waited for him and took the child on 15.03.2016 morning to Dharmapuri Government Hospital where the child was admitted. She was medically examined by Dr.Girija (PW-8). The Accident Register is marked as Ex.P8 and Medical Report is marked as Ex.P9. Harur All Women Police Station Inspector and Child Line volunteer also visited the hospital and enquired the mother.
4. The Investigation by the prosecution
Tmt.Amudhavalli (PW-13), the then Inspector of Police of All Women Police Station, Harur is the Investigating Officer in this case. Tmt.Manjula (P.W.11) was the Sub Inspector of Police in the same station who received the information from Dharmapuri Government Hospital on 15.03.2016 in the afternoon and who was deputed by PW-13 to visit the hospital for further enquiries. PW.11 along with a counsellor of the child line Ananthi (P.W.4), visited the hospital (Government Hospital, Dharmapuri) enquired the victim''s mother (PW-1), recorded her statement (Ex.P1) which was witnessed by PW-4. Based on this statement by the mother of the child, PW- 13 registered an FIR (Ex.P11) in Crime No.07/2016 at 18.00 hours under Sections 3 & 4 of POCSO Act against the accused, Madhu. The same day in the evening the accused was arrested near Morappur Bus Stand after PW-1 identified him, in the presence of witnesses Arasu (PW-5) and Singaram (PW-6) and the confession statement of the accused was also obtained and he was remanded to judicial custody the same evening. The next day i.e. on 16.03.2016 at 08
The severity of sexual assault on a child and the conclusive proof of the offense based on the victim's testimony.
The credibility of a victim's testimony, the nature of the offense under POCSO Act, and the lack of injury in a medical examination do not necessarily affect the establishment of guilt.
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