JUDGMENT

(Judgment of the Court was made by A.D.JAGADISH CHANDIRA,J.)

This Criminal Appeal is filed against the judgment dated 10.02.2020 passed in S.C.No.97 of 2014, by the Special Court, Protection of Children from Sexual Offences Act, Sivagangai.

2. The Trial Court framed the charges against the accused, as detailed below:

Charges	Penal Provision
1	305 IPC
2	Section 12 r/w 11(iv) of POCSO Act, 2012

3. By judgment dated 10.02.2020, the Trial Court convicted the appellant/accused and sentenced him, as detailed below:

Section of Law	Sentence of imprisonment	Fine amount
305 IPC	life imprisonment	Rs.1000/- in default to undergo one year rigorous imprisonment

Section 12 r/w 3 years rigorous Rs.1000/- in default

11(iv) of POCSO imprisonment to undergo six Act, 2012 months rigorous imprisonment Sentences were ordered to run concurrently and the period of incarceration already undergone by the accused was directed to be set off under Section 428 Cr.P.C. The Trial Court further ordered compensation of Rs.8,00,000/- to be paid to the parents of the deceased under Section 33(8) of the POCSO Act r/w Rule 7.

4. The case of the prosecution is as under:

4.1. The deceased minor girl aged about 13 years is the adopted daughter of P.W.1 Anandhaveni and P.W.2 Velmurugan and she was studying VIII Standard. A missed call has come from an unknown number to the victim's phone. When the victim girl asked, the accused introduced him as Raja and that he was studying X Standard in Sivagangai Marudhupandiyar Higher Secondary School. Thereafter, the accused frequently contacted her and the victim girl has warned her not to call her. Despite the same, the accused has sexually harassed her by sending obscene conversations and threatened her that he will kidnap and marry her. Unable to bear the harassment, on 17.12.2013 at about 12.00 noon, the victim had committed suicide by self-immolation. She was taken to Sivagangai Government Hospital and thereafter, shifted to Madurai Government Hospital for treatment.

4.2. On information from Madurai Government Rajaji Hospital on

17.12.2013, P.W.10, Murugan, Head Constable went to the hospital and recorded the statement of P.W.1, mother of the deceased and the same was recorded in the General Diary. On information from the hospital, P.W.15 Judicial Magistrate went there and recorded the dying declaration from the victim. Thereafter, the victim girl died on 22.12.2013 at 5.15 PM, while undergoing treatment. On information that the victim girl died, on the basis of complaint (Ex.P1) given by P.W.1, P.W.12, Sub Inspector of Police registered the FIR (Ex.P7) in Crime No.955/2013 for the offence under Section 174 Cr.P.C.

4.3. On 23.12.2013, P.W.12 visited the scene of occurrence and prepared observation mahazar (Ex.P8) and rough sketch (Ex.P9) in the presence of the witnesses Chellapandi (P.W.7), Subramanian (P.W.8) and recovered a small piece of the burnt clothes of the deceased, kerosene can and a match box (M.O.1 to M.O.3). P.W.12 examined the witnesses Anandhaveni (P.W.1), Velmurugan (P.W.2), Chellapandi (P.W.7), Subramanian (P.W.8), Muthu (P.W.3), Kalidas (P.W.4), Murali (P.W.6) and recorded their individual statements. Thereafter, P.W.12 conducted inquest on the body of the deceased in the presence of the Panchayatdars and prepared the inquest report (Ex.P9A) and thereafter, she sent the body of the deceased for postmortem and handed over the case records to her higher official.

4.4. P.W.13, Inspector of Police took up the case for investigation and examined Anandhaveni (P.W.1) and recorded her further statement, wherein, P.W.1 had stated that on 20.12.2013, while the victim girl was undergoing treatment, she stated that due to the sexual harassment given by one Raja through SMS, she committed suicide and she also stated the mobile number of the said Raja. In view of the same, P.W.13 found the details of the person using that mobile number through the office of the District Superintendent of Police and a

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