IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 27.10.2022 Pronounced on : 11.11.2022 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Criminal Appeal No.697 of 2021

1.Nirmal Premkumar

2.Lawrance ... Appellants Vs.

The State, represented by The Inspector of Police, All Women Police Station, Kallakurichi, Villupuram District.

Crime No.01 of 2018 ... Respondent Prayer : Criminal Appeal filed under Sections 374(2) of Criminal Procedure Code, praying to set aside the Judgment dated 22.11.2021 in Spl.S.C.No.13 of 2020, on the file of the Special Court for Exclusive Trial of cases under POCSO Act, Villupuram.

For Appellant : Mr.J.Antony Jesus For Respondent : Mr.S.Sugendran Additional Public Prosecutor

J U D G M E N T

This Criminal Appeal has been filed to set aside the Judgment passed by the Special Court for Exclusive Trial of cases under POCSO Act, Villupuram. in Spl.S.C.No.13 of 2020, dated 22.11.2021.

2. The respondent registered the case against the appellants in Crime No.01 of 2018 for the offences registered originally under Sections 11(1), 12 of POCSO Act later altered to 11(1), 12, 17 of POCSO Act. After completing the investigation, police have filed the charge sheet before learned Sessions Judge, Special Court for exclusive trial of cases under POCSO Act, Villupuram, since the offences are against woman. The Special Court taken cognizance of the charge sheet on file in Spl.S.C No.13 of 2020.

3. The learned Special Judge after completing the formalities framed the charges against the first appellant for the offences under Section 12 of POCSO Act and 506 (i) of IPC and Section 12 r/w 17 of POCSO Act and 506(i) of IPC.

4. After framing the charges, in order to substantiate the charges framed against the appellant during the trial, on the side of the prosecution as many as 12 witnesses were examined as PW 1 to PW 12 and 9 documents were marked as Ex. P1 to P9. No material object was marked on the side of the prosecution.

5. After completing the examination of prosecution witnesses, when the incriminating circumstances culled out from the evidence of prosecution witnesses were put to the appellants by questioning under Section 313 of CrPc, wherein they denied the same as false and pleaded not guilty. On the side of the defense, one witness was examined as DW1 and 2 documents were marked as Ex. D1 to D2.

6. Hearing the arguments advanced on either side and considering the materials, the trial court found not guilty of the first appellant for the offence under Section 506(i) of IPC and acquitted from the said charge and the trial court found not guilty of the second appellant for the offence under Section 12 r/w 17 of POCSO Act. However the trial court found guilt of the first appellant for the offence under Section 12 of POCSO Act and the first appellant was convicted and sentenced to undergo 3 years of rigorous imprisonment and pay fine of Rs.30,000/- in default to undergo further period of six months simple imprisonment for the offence and the trial court found guilt of the second appellant for the offence under Section 506(i) of IPC and the accused was convicted and sentenced to undergo 2 years of rigorous imprisonment and pay fine of Rs.20,000/- in default to undergo further period of four months simple imprisonment for the offence.

7. Challenging the said judgment of conviction and sentence passed by the trial court, the accused have filed the present appeal.

8. The specific case of the prosecution is that the victim was studying 8^th std in St.Anthoniyar Higher Secondary School, Melnariyappanur for the academic year 2017-18. The first appellant was working as Tamil teacher and second appellant was working as Social Science teacher in the said school. On 14.02.2018 and 15.02.2018, the first appellant gave flowers and chocolate to the victim. When the victim girl refused to receive the same, he pinched her hand and forcefully kept flowers in her hand. Subsequently, the victim informed her father about the same and her father made