IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 11.11.2025 DELIVERED ON : 27.11.2025 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR AND THE HONOURABLE MR. JUSTICE M. JOTHIRAMAN Crl.A.Nos.437 and 502 of 2021 and Crl.A.No.304 of 2022 Krishnaveni Elangovan ... Appellants in Crl.A.No.437 / 2021 Accused 1 and 2 Nawaz ... Appellant in Crl.A.No.502 / 2021 Accused No.3 M.Stalin ...Appellant in Crl.A.No.304 of 2022 Accused No.4 Versus State by: The Inspector of Police, Anti Trafficking Cell, Crime Branch CID, Guindy, Chennai-600 032. ... Respondent / Complainant Criminal Appeals filed under Sections 374(2) and 386 of Criminal Procedure Code, praying to set aside the judgment of conviction and sentence dated 26.07.2021 made in S.C.No.37 of 2025 on the file of the Special Judge for POCSO cases, Chennai. For Appellants : Dr.S.Manoharan, in Crl.A.No.502 of 2021 Mr.V.K.Sathiamurthy in Crl.A.No.304 of 2022 Mr.K.Balakrishnan in Crl.A.No.437 of 2021 For Respondent : Mr.A.Damodaran, Additional Public Prosecutor, assisted by Mr.Arifa Thasneem

COMMON JUDGMENT

M.JOTHIRAMAN, J.

These criminal appeals filed by Accused Nos.1 to 4 as against the judgment of conviction and sentence dated 26.07.2021 made in S.C.No.37 of 2025 on the file of the Special Judge for POCSO cases, Chennai, in and by which A1 to A4 were convicted and sentenced as under:

Sl. Rank of the Offence under Sentence Fine Amount No. Accused which convicted Imprisonment

1 A1 and A2 Section 370(4) of Imprisonment Rs.5,000/- each in default Indian Penal Code for Life to undergo 3 months [IPC] simple imprisonment

2 A1 and A2 Section 4(l) of The 10 years Rs.5,000/- each in default Aggrieved over the aforesaid judgment of conviction and sentence, A1 and A2 have preferred Crl.A.No.437 of 2021, A3 has preferred Crl.A.No.502 of

2021 and A4 has preferred Crl.A.No.304 of 2022.

2. The case of the prosecution, briefly narrated, is as under:

2.1. PW1-John Victor, Inspector of Police, on recipt of information from a social worker on 14.10.2014, registered the same in the General Diary. He set up a decoy customer with consent. He gave Rs.4,000/- after noting its numbers to decoy. He sent two independent witnesses along with the decoy. On 14.10.2014 at about 15.55 hours, the said decoy contacted him over phone, as he was in Nellai Chettinadu Hotel at Priyadharshini Park Hotel. A1, A2 and the victim / PW2 were all with him.

2.2. On demand made by A1 and A2, sent the victim girl along with decoy for prostitution. He gave decoy money to them. PW1 raided the spot along with Women Sub Inspector of Police. He examined PW2, A1 and A2 and brought them to police station. He gave Special Report to the Superintendent of Police under Ex.P1.

2.3. PW2 / victim girl deposed that after the death of her mother, her father PW2 went to Chennai for his work. She initially stayed in her maternal aunt's house along with her sister and brother. After two months, they went along with her father and stayed in platform of old Moore Market. From there, she used to go to school. At that time, one Latha, PW1's aunty stated that there is no safety in the platform and called her to come with her.

Then the said Latha took PW2 into her sister's house / A1's house. While staying there she attained majority. A1 compelled PW2 to come to the house of one Geetha. The said Geetha sent PW2 for physical relationship with third parties.

2.4. Thereafter, PW2 called A1 over phone and then took her to her house. A1 called A4 and allowed him to have sexual intercourse with PW2. A3 came to the house of A1 and A1 made PW2 to have sexual intercourse with him. Likewise, A1 allowed all the customers to have sexual intercourse with PW2. On coming to know that the house owner instructed A1 to vacate the house, A1 and A2 shifted their house to Kutty Thampuran Street. One day afterwards, a man came to their house and talked with A1. Thereafter, A1 and A2 called PW2 to get ready and then two or more persons came and enquired A1 and A2. A1 requested them to