BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.11.2025 CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN AND THE HON'BLE MRS JUSTICE L.VICTORIA GOWRI CRL.A(MD)No.729 of 2022 Pounraj (now confined in Central Prison, Madurai) ... Appellant/Single Accused .Vs.

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

(Crime No.18 of 2018) ... Respondent/Complainant PRAYER: Criminal Appeal filed under Section 374(2) of Criminal Procedure Code against the judgment of conviction passed in S.C.NO.40 of 2019, dated 10.8.2022 passed by the learned Sessions Judge,Special Court for Exclusive Trial of Cases under POCSO Act, Madurai convicting the appellant for the offences under Sections 5(k) r/w Section 6 of Protection of Children from Sexual Offences Act, 2012 and sentencing the appellant to undergo life imprisonment and to pay a fine of Rs.5,000/- and to pay a compensation of Rs.50,000/-, in default, sentenced him to undergo one year simple imprisonment, dated

10.8.2022.

For Appellant : M/s.R.Yeswanth For Respondent : Mr.B.Nambi Selvan Addl.Public Prosecutor

JUDGMENT

(Order of the Court was made by P.VELMURUGAN.,J)

This Criminal Appeal is filed against the judgment of conviction passed by the learned Sessions Judge,Special Court for Exclusive Trial of Cases under POCSO Act, Madurai convicting the appellant for the offences under Sections 5(k) r/w Section 6 of Protection of Children from Sexual Offences Act, 2012 and sentencing the appellant to undergo life imprisonment and to pay a fine of Rs. 5,000/- and to pay a compensation of Rs.50,000/-, in default, sentenced him to undergo one year simple imprisonment, dated 10.8.2022.

2.The respondent/Police registered a case against the appellant in Crime No.18 of 2018 on 12.4.2018 for the offence under Sections 3,4, and 5(k) of Protection of Children from Sexual Offences Act, 2012.After investigation, laid charge sheet before the Mahila Court, Madurai. Since the offence is against the child, the Special Court took cognizance of the charge-sheet on file in S.C.NO. 40 of 2019 and complied with the proceedings under Section 207 Cr.P.C and framed charges for the offence under Section 21(c) r/w Section 6 of POCSO Act and also framed charge for the offence under Section 506(i) IPC. In order to substantiate the charges, on the side of the prosecution, 18 witnesses were examined as P.W.1 to P.W18 and 18 documents were marked as Ex.P1 to Ex.P18 and also the victim was examined as a Court witness as C.W.1 and ExC1 was marked. One material object was exhibited as MO1.

3.After examination of the prosecution witnesses, the trial Court culled out the incriminating circumstances appear against the appellant and put question under section 313 Cr.P.C., which the appellant denied as false. On the side of the defence, no oral nd documentary evidence was let in. On conclusion of trial and hearing of the arguments, defence of either side, the trial Court convicted the accused for the offence under Section 5(k) r/w Section 6 of POCSO Act, 2012 and sentenced him to undergo life imprisonment and to pay a fine of Rs.5,000/-

and to pay compensation of Rs.50,000/-, in default, sentenced him to undergo one year simple imprisonment. Challenging the said conviction and sentence, the accused has filed the present Criminal Appeal.

4.The learned counsel for the appellant would submit that the trial Court failed to consider the basic ingredients to attract the offence punishable under Section 5(k) r/w. Section 6 of POCSO Act. In this case, the victim was not at all examined by the respondent/Police during the course of investigation and even before the Court during trial. The provision under Section 25 and 26 of the POCSO Act was not at all followed by the prosecution, which caused serious prejudice to the case. There was enmity between the family of the victim girl and the accused family which was admitted by P.W.1 complainant and the close relative of victim family. P.W2, P.W.5 and P.W.7 de