Judgment confirms conviction for Section 323 IPC while reducing the sentence based on familial relationship and previously served time.

JUDGMENT

This Criminal Appeal has been filed by the accused, challenging the Judgment dated 31.01.2023 passed in Spl.C.C.No.5 of 2021 by the learned Sessions Judge, Principal Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore, convicting the accused for the offence under Section 323 of the Indian Penal Code, 1860, and sentencing him to undergo one year of rigorous imprisonment and to pay a fine of Rs.1,000/-, in default to suffer one month of simple imprisonment.

2(a). The case of the prosecution is that the appellant/accused is the father of the victim girl; that he had committed aggravated sexual assault on the victim girl on several occasions by inappropriately touching the private part of the victim girl and also exposing his private part to the victim girl; that the appellant had committed the offence of criminal intimidation by threatening the victim of dire consequences if she discloses the occurrences to anybody else; that the appellant had committed the sexual harassment to the victim girl; and that the appellant had assaulted the victim girl by slapping her and thus committed the offences under Sections 9(n) r/w 10 and 11(i) r/w 12 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “the POCSO Act”) and Sections 323 and 506(ii) of the Indian Penal Code, 1860 (hereinafter referred to as “the IPC”).

(b) On a complaint [Ex.P1] given by the victim, P.W.1, an FIR [Ex.P8]

was registered in Crime No.12 of 2020 for the offences under Sections 9(n) r/w 10 and 11(i) r/w 12 of the POCSO Act and Sections 323 and 506(ii) of the IPC by the Sub-Inspector of Police, P.W.11. The Inspector of Police, P.W.12, took up the investigation and filed the Final Report against the appellant for the offences under Sections 9(i)(l), (n) r/w 10 and 11(i) r/w 12 of the POCSO Act and Sections 323 and 506(i) of the IPC before the learned Sessions Judge, Principal Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore.

(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.C.C.No.5 of 2021 by the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore. The Trial Court framed four charges against the accused/appellant for the offences under Sections 9(i)(l),(n) r/w 10, 11(i) r/w 12 of the POCSO Act, and Sections 323 and 506(i) of the IPC. During the trial, when questioned, the accused pleaded 'not guilty.'

(d). Before the Trial Court, the prosecution had examined 12 witnesses as P.W.1 to P.W.12 and marked 14 exhibits as Exs.P1 to P14. When the accused was questioned, u/s.313 Cr.P.C., on the incriminating circumstances appearing against him, he denied the same. The accused neither examined any witness nor marked any document on his side. The statement of the victim under Section

164(5) of Cr.P.C. was marked as Ex.C1.

(e) The Trial Court, after consideration of the evidence, had acquitted the accused/appellant for the offences under Sections 9(i)(l)(n) r/w 10 and 11(i) r/w 12 of the POCSO Act and Section 506(i) of the IPC. The accused/appellant was convicted for the offence under Section 323 of the IPC and sentenced as stated in paragraph No.1 of this Judgment. Aggrieved by the said conviction and sentence, the accused had preferred the instant appeal.

3. Mr.T.Panchatsaram, the learned counsel for the appellant/accused, would submit that admittedly the appellant is the father of the victim girl; that the victim girl was disbelieved as regards the allegation of sexual assault and harassment; that the alleged attack on the victim girl was only to reprimand her even assuming that the victim girl can be believed; that since the complaint itself is motiva