Advocates:
['M/s R C PAULKANAGARAJ', '', 'M SOUNDAR VIJAY ARUL RAM', 'T PREMKUMAR', 'V SRIDHAR', 'PUBLIC PROSECUTOR']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2021

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN

CRL.A.No.514 of 2021

and

Crl.M.P.No.11181 of 2021

Venugopal

.. Appellant / Accused (Single)

.Vs.

State rep by

The Inspector of Police,

W–18, All Women Police Station,

M.K.B.Nagar, Chennai,

Crime No.9 of 2018.

.. Respondent / Complainant

Criminal Appeal filed under Section 374 of Code of Criminal

Procedure to call for the entire records and to set aside the

order of conviction in S.C.No.420 of 2018, dated 27.09.2021

passed by the learned Sessions Judge, Special Court for

Exclusive Trial of Cases under POCSO Act, Chennai.

For Appellant

:

Mr.M.Soundar Vijay Arul Ram

for Mr.R.C.Paul Kanagaraj

For Respondent

:

Mr.S.Sugendran

Government Advocate (Crl.Side)

J U D G M E N T

This Criminal Appeal has been filed against the judgment

dated 27.09.2021 passed in S.C.No.420 of 2018 by the learned

Sessions Judge, Special Court for Exclusive Trial of Cases under

POCSO Act, Chennai.

2.The case of the prosecution is that on 28.07.2018 at about

03.00 p.m when the victim child was playing outside the newly

constructed building, which was situated at 1^st Street, Salaima

Nagar, the accused who was working as a watchman in that

building pulled the hands of the victim child, hugged and

attempted to kiss on her face. When the victim child tried to

evade the same, the accused attempted to put his hand on her

private parts. Thereby, he had attempted to commit sexual

assault against the victim child, who was aged about 8 years.

One neighbour/P.W.3, who witnessed the said incident had rescued

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

the child and informed the same to P.W.2/mother of the victim

child. Thereafter, P.W.2 filed a complaint/Ex.P1 against the

accused.

3.The respondent police registered a case in Crime No.9 of

2018 against the appellant for the offence punishable under

Section 8 of The Protection of Children from Sexual Offences

Act, 2012 [hereinafter referred to as 'POCSO Act' for the sake

of convenience]. After investigation, the respondent police

filed a charge sheet before the learned Sessions Judge, Special

Court For Exclusive Trial of Cases under POCSO Act, Chennai

against the appellant for the offence under Section 8 of POCSO

Act which was altered into Sections 18 and 6 of POCSO Act. Since

the offence is against a child, the learned Sessions Judge taken

the case on file in S.C.No.420 of 2018. On completion of the

formalities, the trial Court framed charges against the

appellant for the offence punishable under Section 10 and

altered into Section 18 punishable under Section 10 of POCSO Act.

4.In order to prove the case of the prosecution before the

trial Court, on the side of the prosecution as many as 5

witnesses were examined as P.W.1 to P.W.5 and marked 6 documents

as Exs.P1 to P6 and no material object was marked. After

examining the prosecution witnesses, the incriminating

circumstances culled out from the evidence of the prosecution

witnesses were put before the accused/appellant and questioned

under Section 313 of Cr.P.C. and he denied all the incriminating

circumstances as false and pleaded not guilty. On the side of

the defence, no oral and documentary evidence was produced.

5.The Court below, after hearing the arguments advanced on

either side and also materials available on record, found that

the accused/appellant is guilty for the offence under Section

10 of POCSO Act which was altered into Section 18 punishable

under Section 10 of POCSO Act and sentenced him to undergo

imprisonment for a period of three years and to pay a fine of

Rs.5,000/-, in default, to undergo simple imprisonment for a

period of one month. Being aggrieved by the said judgment of

conviction and sentence, the appellant is before this Court.

6.Learned counsel for the appellant wo