Crl.A.No.787 of 2017

and Crl.M.P.No.868 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on: 08.07.2022

Pronounced on: 15.07.2022

CORAM

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN

Criminal Appeal No.787 of 2017

and

Crl.M.P.No.868 of 2019

Rakesh

.. Appellant

/versus/

State Rep., by

The Inspector of Police,

D-1, Triplicane Police Station,

Chennai.

Crime No.512 of 2016

.. Respondent

Criminal Appeal has been filed under Section 374(2) of Criminal

Procedure Code praying to call for the records in connection with the Special

C.C.No.1 of 2016 on the file of the Mahila Court/Special Court for cases under

POCSO Act /Children's Court, Chennai 104 and set aside the judgment dated

08.10.2017.

For Appellant

: Mr.K.Shanmugam

For Respondent

: Mr.S.Udaya Kumar

Government Advocate (Crl.Side)

J U D G M E N T

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Crl.A.No.787 of 2017

and Crl.M.P.No.868 of 2019

On 16.03.2016, the Inspector of Police attached to D1-Triplicane

Police Station, Chennai has registered a complaint in Crime No.512 of 2016 for

the offence under Sections 341, 324 and 302 of I.P.C.

2. The defacto complainant is one Silambarasan. According to the

written complaint, on 15.03.2016 at about 9.00 p.m., he went to the house of

Arupulakshmi to buy liquor. There Rakesh, Daya, Velu and others voluntarily

provoked him and attacked him causing bleeding injury. On hearing that, his

brother Mugilan aged about 24 years came and questioned them. Daya and

Velu caught hold of the hands of his brother, Rakesh pierced a knife at the

throat of his brother. Thereafter, they attacked him and his brother on head and

other parts of body with a blade. He and his brother were profusely bleeding.

Both were taken to Rajaji Government Hospital. His brother Mugilan was

declared brought dead. Action against the assailants and protection to him and

his family sought.

3. On 16.03.2016, at about 1.00 p.m., Rakesh was arrested. In his

confession statement besides disclosing the motive for murdering Mugilan, he

also agreed to show the place where he has concealed the knife used for the

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Crl.A.No.787 of 2017

and Crl.M.P.No.868 of 2019

crime. Based on the information disclosed by the Rakesh, a blood stained knife

was recovered. On completion of investigation, final report against Rakesh and

Velu was filed.

4.The XII Metropolitan Magistrate Court on perusing the records,

considering the age of the accused split up the case against the 2^nd accused Velu

aged about 16 years and transferred the case to the Juvenile Justice Board,

Kellys, Chennai. After the preliminary assessment as per Section 15 (1) of the

Juvenile Justice Act, 2015, this appellant (who was then 17 years old) was

transferred to Mahila Court/Special Court for Case under POCSO Act, Chennai

to be tried as an adult. However, the Special Court after discussing with the

psychologist, has decided that there is no need for trial of the Juvenile as an

adult, an enquiry is sufficient.

5. The copies were furnished to the appellant and enquiry was

conducted. 10 witnesses were examined on the side of the prosecution. 20

Exhibits and five Material Objects were marked.

6. The Court below pointing out that the occurrence took place on

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Crl.A.No.787 of 2017

and Crl.M.P.No.868 of 2019

15.03.2016 at about 9.00 p.m. The complaint was given on the next day i.e., on

16.03.2016 at 8.15 a.m., PW.1, who sustained injury got admitted in the

hospital on 15.03.2016 at 9.30 p.m., and the intimation to the hospital

authorities received by the concerned police station. Though they recorded

complaint on the next day, since PW.1 was admitted in the hospital, the delay is

not fatal to the prosecution case and further held that the evidence of PW.1,

PW.4 and PW.5 are in harmony with each other and had clearly establish the

guilt of the appellant, in respect o