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2026:MHC:441

CRL A No.200 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29-01-2026

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN

CRL A No.200 of 2023

Mathiazhagan

S/o.Manickam,

No.3/53, Polachivalam,

Koppampudhur Post,

Mettur Taluk,

Salem District.

..Appellant/Sole Accused

Vs

State Rep. by

Inspector of Police,

All Women Police Station Mettur,

Salem District.

(Crime No.1/2020)

...Respondent/Complainant

Prayer : Criminal Appeal filed under Section 374(2) of Criminal Procedure

Code to set aside the Judgement and sentence passed in Spl.S.C.No.24 of 2020

dated 30.08.2020, on the file of Sessions Judge, Principal POCSO Court, Salem

and acquit the Appellant.

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CRL A No.200 of 2023

For Appellant : M/S.Philip Ravindran Jesudoss

For Respondent: Mr.S.Raja Kumar

Additional Public Prosecutor

JUDGMENT

This criminal appeal has been filed by the sole accused, challenging the

Judgment dated 30.08.2020 in Spl.S.C.No.24 of 2020, on the file of the learned

Sessions Judge, Principal POCSO Court, Salem, by which he was convicted for

the offence under Section 9(m) r/w 10 of the Protection of Children from Sexual

Offences Act, 2012 (hereinafter referred to as the “POCSO Act”) and sentenced

him to undergo rigorous imprisonment for 7 years along with a fine of

Rs.5,000/- in default to undergo rigorous imprisonment for 1 year.

2(a). The case of the prosecution is that the appellant/accused was the

victim's neighbour; that on 12.01.2020 at about 5.30 p.m., when the victim girl

went to her friend's house to borrow a note book, the appellant had called the

victim girl who was aged below 12 years and inappropriately touched her breast

and thus, committed the aforesaid offence.

(b). A complaint [Ex.P1] was lodged by P.W.1, the mother of the victim,

on 15.01.2020. On receipt of the complaint, P.W.9, the Inspector of Police, had

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CRL A No.200 of 2023

registered the FIR [Ex.P15] in Crime No.1 of 2020 for the offence under

Section 9(m) r/w 10 of the POCSO Act and conducted the investigation. After

subjecting the victim/P.W.2 to medical examination and making arrangements

to record her 164(5) Cr.P.C. statement, P.W.9, the Inspector of Police, filed the

Final Report against the accused for the offence under Section 9(m) r/w 10 of

the POCSO Act before the learned Sessions Judge, Principal POCSO Court,

Salem.

(c). On the appearance of the accused, the provisions of Section 207

Cr.P.C. were complied with, and the case was taken on file as Spl.S.C.No.24 of

2020 by the learned Sessions Judge, Principal POCSO Court, Salem. The trial

Court framed charges against the accused for the offence under Section 9(m)

r/w 10 of the POCSO Act. During the trial, when questioned, the accused

pleaded "not guilty."

(d). To prove its case, the prosecution had examined 9 witnesses as P.W.1

to P.W.9 and marked 18 exhibits as Exs.P1 to P8, besides one material object as

M.O.1. When the accused was questioned, u/s.313 Cr.P.C., on the incriminating

circumstances appearing against him, he denied the same. On the side of the

defence, the accused examined two witnesses as D.W.1 and D.W.2 and had not

marked any document.

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CRL A No.200 of 2023

(e). On appreciation of oral and documentary evidence, the trial Court

found that the accused/appellant was guilty of the offence under Section 9(m)

r/w 10 of the POCSO Act and sentenced him as stated below. Hence, the

appellant had preferred the instant appeal challenging the said conviction and

sentence.

4. Mr.Philip Ravindran Jesudoss, the learned counsel for the

appellant/accused would submit that the alleged occurrence took place on

12.01.2020; that there was a pathway dispute between the appellant and P.W.3,

the father of the victim girl; that on 12.01.2020, there was a Panchayat held

between P.W.3 and the