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2026:MHC:507

CRL A No.527 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30-01-2026

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN

CRL A No.527 of 2023

Dineshbabu

S/o.Ponnusamy,

56-B, Idumban Nagar,

Sivagiripatti,

Palani Taluk,

Dindigul District.

Now at Nadar Street,

Katturputhur,

Dharapuram Taluk,

Tiruppur District.

...Appellant/Accused

Vs

State Rep. by

The Inspector of Police,

All Women Police Station,

Dharapuram,

Tiruppur District.

Crime No.06 of 2022.

...Respondent/Complainant

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CRL A No.527 of 2023

Prayer : Criminal Appeal filed under Section 374 (2) of Cr.P.C., to set aside the

Judgment passed in Spl.S.C.No.62 of 2022 on the file of the Sessions Judge,

Magalir Needhi Mandram, (Fast Track Mahila Court) Tiruppur dated

18.08.2022.

For Appellant: M/s.Amala Anathi

for M/S.C.S.Saravanan

For Respondent : Mr.S.Raja Kumar

Additional Public Prosecutor

JUDGMENT

This Criminal Appeal has been filed by the accused, challenging the

Judgment dated 18.08.2022 in Spl.S.C.No.62 of 2022 on the file of the learned

Sessions Judge, Magalir Neethimandaram, (Fast Track Mahila Court) Tiruppur,

by which he was convicted for the offences under Sections 5(l), 5(m), 5(n) r/w 6

and 3(a) r/w 4(2) of the Protection of Children from the Sexual Offences Act,

2012, (hereinafter referred to as the “POCSO Act”) and Section 506(ii) of the

Indian Penal Code, 1860, (hereinafter referred to as the “IPC”) and sentenced

him as follows:

Offence under Section Sentence imposed

Section 5(l), 5(m), 5(n) r/w 6 To undergo 20 years RI for each count and totally sentenced

of the POCSO Act, 2012 to 60 years RI and to pay a fine of Rs.2,000/- for each count

in default six months SI.

Section 3(a) r/w 4(2) of the To undergo 20 years RI and to pay a fine of Rs.1000/- in

POCSO Act, 2012 default to undergo three months SI.

Section 506(ii) of IPC To undergo imprisonment for 2 years and to pay a fine of

Rs.1000/- in default to undergo three months SI.

The sentences were ordered to run concurrently.

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CRL A No.527 of 2023

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

committed penetrative sexual assault on the victim girl, aged about five years,

by inserting his finger in the private part of the victim girl and also by

inappropriately touching her breast.

(b). It is further the case of the prosecution that P.W.2, when the mother

of the victim girl, returned home after completing her duty in a company, she

saw the victim girl sitting on the appellant's lap, and on seeing P.W.2, the

appellant removed his hand from the private part of the victim; and that when

P.W.2 questioned the victim, P.W.1, told her that the appellant had committed

such acts repeatedly and thus, committed the aforesaid offences.

(c). On 24.03.2022, P.W.2, the mother of the victim girl, lodged a

complaint [Ex.P1], which was registered as an FIR [Ex.P7] in Crime No.6 of

2022 for the offences under Sections 5(l), 5(m), 5(n) and 6 of the POCSO Act

and Section 506 (ii) of the IPC. The complaint was registered by P.W.6, the

head constable attached to the respondent police station, and the investigation

was conducted by P.W.7, the inspector of police, AWPS, Dharapuram, who,

after taking steps to record the 164(5) Cr.P.C. statement of the victim girl and

subjecting the victim to medical examination, filed the final report for the

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CRL A No.527 of 2023

offences under Section 506 (ii) of IPC and Sections 3(a) r/w 4(2), 5(l)(m)(n) r/w

6 of the POCSO Act, as against the appellant before the learned Sessions Judge,

Magalir Neethimandaram (Fast Track Mahila Court), Tiruppur.

(d). 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.62 of

2022 by the learned Sessions Judge, Magalir Neet