IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 16.02.2021

Pronounced on : 16.04.2021

CORAM:

THE HON'BLE Mr. JUSTICE P.VELMURUGAN

Criminal Appeal No.251 of 2019

and

Crl.MP.No.1494 of 2020

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Syed

... Appellant/Accused

Versus

The State Rep.by

The Inspector of Police,

All Women Police Station,

Panruti.

... Respondent/Complainant

(Crime No.33 of 2015)

Criminal Appeal filed under Section 374(2) of Criminal

Procedure Code, to set aside the conviction and sentence vide

Judgment dated 12.03.2019 passed in Spl.S.C.No.12 of 2016, by

the learned Sessions Judge, Mahila Court, Cuddalore.

For Appellant : Mr.R.Sankarasubbu

For Respondent : Mr.R.Suryaprakash,

Government Advocate (Crl.side)

JUDGMENT

This Criminal Appeal has been filed against the conviction

and sentence imposed on the appellant vide Judgment dated

12.03.2019 made in Spl.S.C.No.12 of 2016, by the learned

Sessions Judge, Mahila Court, Cuddalore.

2. The case of the prosecution is that the victim girl in

this case is aged about 15 years. The appellant/accused

developed relationship with the victim and started to live with

her separately and continued to have sexual intercourse with

her, due to which, the victim become pregnant and gave birth to

a girl baby on 27.01.2014. Thereafter, both the victim and the

appellant/accused were living together. During the year 2015,

the appellant/accused severed the relationship with the victim

and married another girl. Hence, the victim preferred the

complaint on 17.12.2015 before the respondent police.

3. The respondent-police registered a case against the

appellant in Crime No.33 of 2015 for the offence punishable

under Sections 3 r/w.4 and 7 r/w.8 of the Protection of

Children from Sexual Offence Act, 2012 (in short POCSO Act),

on the basis of the complaint given by the victim girl. After

https://hcservices.ecourts.gov.in/hcservices/

completing the investigation, the respondent-police laid down

charge before the Mahila Court, Cuddalore and the same was

taken on file in Spl.S.C.No.12 of 2016 for the offences under

Section 5(1) r/w.6 of the POCSO Act.

4. After framing charges, during trial, in order to prove

the case of the prosecution, as many as eight witnesses were

examined as PW1 to PW8, nine documents were exhibited as Exs.P1

to P9.

5. After completing the evidence of prosecution witnesses,

when incriminating circumstances were culled out from the

evidence of the prosecution were put-forth to the

appellant/accused he denied it as false. On the side of the

defence, no witness was examined but one document was marked as

Ex.D1.

6. During the pendency of JC.No.24 of 2016 before the

Juvenile Justice Board, Cuddalore, considering the document

Ex.D1/ photocopy of transfer certificate of the appellant, the

Juvenile Justice Board passed an order dated 09.11.2016

transferring the case to Mahila Court, Cuddalore which is

competent to try the case against the accused. Aggrieved

against the said order, the appellant/accused filed

Crl.RC.No.839 of 2017 before this Court. This Court after

analysing the material placed on record, dismissed the revision

by its order dated 31.05.2018 stating that the order of

transfer from Juvenile Justice Board, Cuddalore is fully

justified.

7. After completing the trial and after hearing of the

arguments advanced on either side and also considering the oral

and documentary evidence, the Special Court found the

appellant/accused guilty of the offence punishable under

Section 6 of the Protection of Children from Sexual Offence

Act, 2012, convicted and sentenced him to undergo 12 years

Rigorous Imprisonment and to pay a fine of Rs.15,000/-, in

default, to undergo further period of 2 years Simple

Imprisonment. Challenging the said judgment of conviction and

sentence, the appellant/accus