Crl.A.No.518 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.11.2022

CORAM:

THE HON'BLE Mr. JUSTICE P.VELMURUGAN

Crl.A.No.518 of 2021

Asaithambi

... Appellant

Vs.

State by

The Inspector of Police,

All Women Police Station,

Bargur,

Krishnagiri District.

... Respondent

Prayer: Criminal Appeal filed under Section 374(2) of Cr.P.C., to set aside

the conviction and judgment in Special S.C.No.74 of 2018 on the file of the

learned Sessions Judge and Magalir Fast Track Court, Krishnagiri, dated

11.01.2021.

For

Appellant : Mr.K.Ethirajulu

Legal Aid Counsel

For Respondent : Mr.S.Sugendran

Additional Public Prosecutor

*****

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Crl.A.No.518 of 2021

J U D G E M E N T

This Criminal Appeal has been filed against the judgment dated

11.01.2021 passed in Special S.C.No.74 of 2018 on the file of the learned

Sessions Judge, Magalir Fast Track Court, Krishnagiri.

2. The respondent police registered a case in Crime No.5 of 2018

against the appellant for the offence under Section 5(l) read with 6 and

under Section 5(j)(ii) of POCSO Act and 506(ii) IPC. After investigation,

laid a charge sheet before the learned Sessions Judge, Magalir Fast Track

Court, Krishnagiri, since the victim is a child under the definition of

POCSO Act. The learned Sessions Judge taken the charge sheet on file in

Special S.C.No.74 of 2018. After completing the formalities, framed the

charges against the appellant for the offence under Sections 5(l) read with

6, 5(n) read with 6 and 5(j)(ii) read with 6 of POCSO Act and 506(ii) IPC.

After framing charges and completing all the formalities, during trial, in

order to substantiate the charges, on the side of the prosecution, totally 21

witnesses were examined as P.Ws.1 to 21 and 29 documents were marked as

Exs.P1 to P29. On the side of the defence, no oral and documentary

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Crl.A.No.518 of 2021

evidence was produced.

3. On completion of trial and hearing the arguments advanced on

either side and considered the entire materials, the Special Court found the

accused guilty for the abovesaid charges and convicted and sentenced him

to undergo 14 years rigorous imprisonment and to pay fine of Rs.25,000/- in

default to undergo one year rigorous imprisonment for the offence under

Section 5(l) read with Section 6 of POCSO Act. Further, he was convicted

and sentenced to undergo 10 years rigorous imprisonment and to pay fine of

Rs.10,000/- in default to undergo six months rigorous imprisonment for the

offence under Section 5(n) read with Section 6 of POCSO Act and he was

convicted and sentenced to undergo 14 years rigorous imprisonment and to

pay fine of Rs. 25,000/- in default to undergo one year rigorous

imprisonment for the offence under Section 5(j)(ii) read with Section 6 of

POCSO Act. Further, he was convicted and sentenced to undergo one year

rigorous imprisonment and to pay fine of Rs.1,000/- in default to undergo

two months rigorous imprisonment for the offence under Section 506(ii)

IPC. Aggrieved over the judgment of conviction and sentence passed by the

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Crl.A.No.518 of 2021

learned Sessions Judge, Magalir Fast Track Court, Krishnagiri in Special

S.C.No.74 of 2018, the accused has preferred the present Criminal Appeal

before this Court.

4. The specific case of the prosecution is that the appellant is the

uncle's son of the victim. Victim has completed 9^th standard and going to

10^th standard. During that time, the appellant under the guise of marrying

her, had sexual intercourse with her on several occasions and also

threatened her as to if she reveal the same to anybody, he will set fire on

her. Since the appellant repeatedly had sexual intercourse on her on several

occasions, she become pregnant. Hence complaint has been lodged as

against the appellant before the resp