Crl.A.No.631 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 06.01.2023

PRONOUNCED ON : 24.02.2023

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

Crl.A.No.631 of 2021

Subash

... Appellant

Vs.

State rep. by

Inspector of Police,

Malayampalayam Police Station,

Crime No.43 of 2019

... Respondent

PRAYER: Criminal Appeal filed under Section 374(2) of Cr.P.C. to set-

aside the conviction and sentence imposed on the appellant by the judgment

dated 09.11.2021 passed in Special S.c.No.30 of 2019 on the file of Fast

Track (Sessions Judge), Mahila Judge, Erode by allowing the present

Criminal Appeal.

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For Appellant

: Mr. K. Ehirajulu,

Legal Aid Counsel.

For Respondent

: Mr. C.E.Pratap,

Government Advocate (crl.side)

O R D E R

Challenging the conviction and sentence passed by the learned

Sessions Judge, Fast Track Mahila Court, Erode in Spl.S.C.No.30 of 2019,

dated 31.03.2022, the present Criminal Appeal has been filed.

2. The fact of the case is that on 09.03.2019, at 215 p.m., while the

defacto complainant and his wife were cleaning the ducks at the backyard of

the shop,namely Ruchi, the accused asked water with the victim child.

When the victim child went to take water, the accused went behind her and

closed her mouth with his hand, kissed her lips and touched her vagina. On

heating the voice of the victim child, the defacto complainant and his wife

came to the spot, where, they found the accused was touching the child's

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Crl.A.No.631 of 2021

vagina. Hence, the defacto complainant, who is father of the victim child

lodged the complaint and the case has been registered in Crime No.3 of

2019 under Section 9(m) r/w. 10 of Protection of Children from Sexual

Offences Act, 2012. and after investigation, final report has been filed.

3. Based on the above materials, the Trial Court framed charges as

against the accused under Section 9(m) r/w. 10 of Protection of Children

from Sexual Offences Act, 2012 and the accused denied the same as false.

In order to prove the case of prosecution, as many as 13 witnesses were

examined, 15 documents were marked.

4. When the incriminating materials were put to the accused under

Section 313 Cr.P.C., he denied the same as false, he did not choose to

examine any witness nor mark any documents.

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5. Having considered all the materials, the Trial Court convicted the

accused under Section 9(m) r/w. 10 of Protection of Children from Sexual

Offences Act, 2012, the relevant portion of the sentence is as follows:-

" 19. Finally the accused found guilty under Section 9(m)

punishable u/s.10 of the Protection of Children from Sexual

Offences act, 2012 and I convict the accused u/s.9(m)

punishable u/s. 10 of the Protection of Children from Sexual

Offences Act, 2012 and sentenced to undergo rigorous

imprisonment for 5 years and fine Rs.1000/-and in default to

undergo 2 months simple imprisonment. (fine amount

Rs.1000/-)

20. I further ordered that the period of detention

already undergone by the accused is to be set off u/s.428 of

Cr.P.C.,

21. This Court hereby recommends to the State

Government of Tamil Nadu to compensate a sum of

Rs.50,000/- to the victim child who suffered by physical and

mental injury caused to her due to the result of the offence

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Crl.A.No.631 of 2021

and for execution the same the copy of this judgment is

forwarded to the District Child Welfare Officer, D.No.69

Gandhiji Road, Jawan Bhavan Building, Erode the

compensation amount may be paid to the child victim within

one month from the date of the judgment. The amount of

Rs.25,000/- is ordered to the child victim in Crl.

M.P.No.271/19