BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on: 31.08.2023 Pronounced on: 26.09.2023 CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRIMINAL APPEAL(MD)No. 403 of 2016 and CRIMINAL APPEAL(MD)No.2 of 2018 Crl.A(MD) No.403 of 2016 Subramani .. Appellant Vs.

The Inspector of Police All Women Police Station, Karaikudi, Sivagangai District ...Respondent PRAYER : Criminal Appeal is filed under Section 374 of Cr.P.C to call for the records relating to the judgment in S.C. No.61 of 2013 dated 01.09.2016 on the file of the District Fast Track Mahila Court, Sivagangai and set aside the same.

For Appellant : Mr.C.Susikumar For Respondent : M/s.M.Aasha Government Advocate(Crl.Side)

Crl.A(MD) No. 2 of 2018 Aathan .. Appellant Vs.

The Inspector of Police All Women Police Station, Karaikudi, Sivagangai District ...Respondent PRAYER : Criminal Appeal is filed under Section 374 of Cr.P.C to call for the records relating to the judgment in S.C. No.61 of 2013 dated 01.09.2016 on the file of the District Fast Track Mahila Court, Sivagangai and set aside the same.

For Appellant : Mr.C.Susikumar For Respondent : M/s.M.Aasha Government Advocate(Crl.Side)

COMMON JUDGMENT

These Criminal Appeals have been filed against the judgment and conviction passed in S.C. No.61 of 2013 dated 01.09.2016 on the file of the District Fast Track Mahila Court, Sivagangai.

2. Criminal Appeal (MD) No.403 of 2016 was filed by the first accused and the Criminal Appeal (MD) No.2 of 2018 was filed by the second accused. Originally four persons were arrayed as accused before the trial Court and the trial Court has convicted the first and second accused for the offences under Sections 5 r/w.6 of POCSO Act and sentenced them to undergo 10 years rigorous imprisonment and to pay a fine of Rs.5000/- each indefault to undergo six months rigorous imprisonment. The third and fourth accused were convicted for the offences under Sections 317 of IPC and Section 19(1)r/w.21(1) of POCSO Act and sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs.1000/- each indefault to undergo three months rigorous imprisonment for the offence under Section 317 of IPC and sentenced to undergo two months rigorous imprisonment for the offence under Section 19(1)r/w.21(1) of POCSO Act and the sentences shall run concurrently.

3. The case of the prosecution is that the victim is aged about

12 years. The fourth accused is the father of the victim and the third accused is the second wife of the fourth accused. The first and second accused are third parties but they are known to third and fourth accused. Before two months from the date of complaint the first accused committed penetrative sexual assault on the victim and the second accused has taken the victim to the nearby field and had committed penetrative sexual assault. The third and fourth accused have not taken care of the victim and when the said penetrative assault was brought to the knowledge of the third and fourth accused they have not taken any action and thereby the accused had been charged for the above said offences.

4. Thereafter the matter was brought to the knowledge of the Child Welfare Committee and Social Welfare Officer and they preferred complaint/Ex.P.1 and based on that complaint First Information Report/Ex.P.11 was registered. Thereafter P.W.24 examined the witnesses and filed final report. After filing of final report copies were furnished to the accused under Section 207 of Cr.P.C. Thereafter the Special Court has framed charges as against the first and second accused for the offence under Section 5r/w.6 of POCSO Act and the third and fourth accused for the offence under Section 317 of IPC and Section 19(1)r/w.21(1) of POCSO Act and the charges were read over and explained to the accused and the accused denied the charges. Thereafter inorder to prove the charges levelled against the accused before the trial Court P.W.1 to P.W.25 were examined and marked Exhibits Ex.P.1 to P.17 and one material object was marked.