CRL A No.557 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on

: 04.11.2022

Pronounced on : 08.12.2022

Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN

Criminal Appeal No.557 of 2021

Saravanan @ Jayakumar

... Appellant

Vs.

State represented by

The Inspector of Police

W18, All Women Police Station

M.K.B. Nagar

Chennai-39

... Respondent

Prayer : Criminal Appeal filed under Sections 374(2) of Criminal

Procedure Code, praying to call for the records in S.C.No.480 of 2018 on

the file of learned Sessions Judge, Special Court for Exclusive Trail of

Cases under POCSO Act, Chennai – 600 104 and set aside the Judgment

of conviction and sentence passed by the trial Court on 12.07.2021 for

offence under Section 8 and 12 of POCSO Act and 506(ii) IPC.

For Appellant

:

Mr.A.K.Sriram for

M/s.A.S.Kailasam & Associates

For Respondent

:

Mr.S.Sugendran

Additional Public Prosecutor

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CRL A No.557 of 2021

J U D G M E N T

This Criminal Appeal has been filed seeking to set aside the

Judgment of conviction and sentence passed in S.C.No.480 of 2018 dated

12.07.2021 for offence punishable under Sections 8 and 12 of POCSO

Act and Section 506(ii) IPC on the file of the learned Sessions Judge,

Special Court for Exclusive Trail of Cases under POCSO Act, Chennai.

2. The respondent police registered the case against the appellant in

Crime No.845 of 2015 for the offence punishable under Section 8 of

POCSO Act, 2012 and Section 506(ii) IPC and after completing the

investigation, laid the charge sheet for the offences punishable under

Sections 8 and 12 of POCSO Act and also under Section 506(i) IPC

before the Mahila Cum Children Court and the same was taken

cognizance in S.C.No.480 of 2018. During pendency of the case, on

constitution of the Special Court, the case was transferred to the Sessions

Judge, Special Court for Exclusive Trail of Cases under POCSO Act,

Chennai, and the learned Special Judge, after completing the formalities,

framed the charges against the the accused for the offences punishable

under Sections 8 and 12 of POCSO Act, 2012 and Section 506(ii) IPC.

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CRL A No.557 of 2021

3. After framing the charges, in order to prove the case of the

prosecution during trial, totally 9 witnesses were examined as P.W.1 to

P.W.9 and 7 documents were marked as Exs.P.1 to P7 and no material

object was exhibited.

4. After completing 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 Cr.P.C. However, the accused denied the same as false and

pleaded not guilty. On the side of the defence, no oral or documentary

evidence were produced.

5. On conclusion of trial after hearing the arguments advanced on

either side and also considering the materials, the Special Court found the

guilt of the accused for the offences punishable under Sections 8 and 12

of POCSO Act 2012 and Section 506 (ii) IPC and convicted and

sentenced to undergo 5 years imprisonment and to pay fine of Rs.5,000/-

in default to undergo simple imprisonment for a further period of one

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CRL A No.557 of 2021

month for the offence punishable under Section 8 of POCSO Act 2012;

to undergo 3 years imprisonment and to pay fine of Rs.5,000/- in default

to undergo simple imprisonment for a further period of one month for the

offence punishable under Section 12 of POCSO Act 2012, to undergo 2

years imprisonment for the offence under Section 506(ii) IPC.

Challenging the said Judgment of conviction and sentence, the accused

has filed the present appeal before this Court.

6. The case of the prosecution is that due to difference of opinion,

the mother and father of the victim separated each other and the mother

of the victim is livi