JUDGMENT

This Criminal Appeal has been filed against the Judgment of conviction and sentence dated 20.03.2020 passed by learned Special Judge (under POSCO Act, 2012), Karaikal, made in Special S.C.No.15 of 2018 passed against the appellants herein and set aside the same.

2. The respondent police registered the case against the appellants in Crime No.63 of 2017 for the offence punishable under Section 6 of POSCO Act. After investigation, they laid charge sheet as against the 1st appellant/A1 for the offence under Section 450 IPC and the offence punishable under Sections 4, 6 and 8 of POCSO Act, 2012 and as against the 2nd appellant / A2 for the offence under Section 450 IPC and also the offence punishable under Sections 17, 4, 6 of POCSO Act read with 34 IPC before the Special Court (Under POCSO Act, 2012), Karaikal, since the offences are against a child. The learned Special Judge after taking cognizance of the charge sheet on file in Special Sessions Case No.15 of 2018 and after completing the formalities under Section 207 Cr.P.C, framed the charges against the 1st appellant for the offence under Section 450 IPC and the offence punishable under Sections 4, 6 and 8 of POCSO Act, 2012 and as against the 2nd appellant / A2 for the offence under Section 450 IPC and also the offence punishable under Sections 17, 4, 6 of POCSO Act read with 34 IPC.

3. In order to substantiate the charges framed against the appellants, on the side of the prosecution as many as 18 witnesses were examined as P.W.1 to P.W.18 and 22 documents were marked as Exs.P1 to P.22, besides

7 material objects were exhibited.

4. On completion of the examination of the prosecution witnesses, incriminating circumstances culled out from the evidence of the prosecution witnesses were put before the accused by questioning under Section 313 of Cr.P.C. However, he denied the same as untrue and pleaded not guilty. On the side of the defence, no oral or documentary evidence were produced.

5. On completion of trial and conclusion of the arguments advanced on either side and considering the materials on record, the Special Court found guilt of the appellants and the 1st appellant/A1 was convicted for the offence under Section 450 IPC and the offence punishable under Section 4 of POCSO Act and sentenced to undergo period of 7 years rigorous imprisonment with a fine of Rs.10,000/- in default to undergo 6 months simple imprisonment for the offence under Section 450 of IPC and he was also sentenced to undergo 7 years rigorous imprisonment with a fine of Rs.10,000/- in default to undergo 6 months simple imprisonment for the offence punishable under Section 4 of POSCO Act, 2012. However, the 1st appellant/A1 was acquitted for the offence punishable under Sections 6 and 8 of POSCO Act. The 2nd appellant/A2 was convicted for the offence under Section 450 IPC and Section 17 r/w Section 4 of POSCO Act, 2012 and sentenced to undergo rigorous imprisonment for 7 years and to pay fine of Rs.10,000/- in default to undergo 6 months simple imprisonment for the offence under Section 450 of IPC and he was also sentenced to undergo 7 years rigorous imprisonment and to pay fine of Rs.10,000/- in default to undergo 6 months simple imprisonment for the offence punishable under Section 17 r/w Section 4 of POSCO Act, 2012. However, he was acquitted for the offence punishable under Section 4 of POSCO Act r/w Section 34 of IPC and Section 6 of POSCO Act r/w Section 34 of IPC. Challenging the said Judgment of conviction and sentence passed by the learned Special Judge, both the accused have filed present appeal before this Court.

6. Mr.P.G. Perumal Pandian, Legal Aid Counsel appearing for the appellants would submit that the prosecution failed to establish the charges framed against the appellants beyond all reasonable doubt. He would submit that there is no evidence to show that the appellants had trespassed into the house of the victim with an intention to commit penetrative sexual assault on the victim.