Crl.A.(MD)No.618 of 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON : 29.03.2022

DELIVERED ON : 13.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

and

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

Crl.A.(MD)No.618 of 2019

Ashraff Ali

... Appellant/Sole Accused

Vs.

State Rep. by:

The Inspector of Police,

All Women Police Station,

Alangudi, Pudukkottai District.

In Crime No.7 of 2018

... Respondent/Complainant

PRAYER:

Criminal Appeal filed under Section 374(2) of Cr.P.C.

against the judgment of conviction and sentence passed by the

learned Principal Sessions Judge (Mahila Court), Pudukkottai, made

in Special Session Case No.28 of 2018 dated 03.08.2019.

For Appellant :

Mr.S.Sivasubramanian

for Mr.E.Somasundaram

For Respondent : Mr.A.Thiruvadi Kumar,

Additional Public Prosecutor.

JUDGMENT

R.SUBRAMANIAN, J.

AND

N.SATHISH KUMAR, J.

Aggrieved over the life sentence imposed by the learned

Principal Sessions Judge (Mahila Court), Pudukkottai, under Section

6 of the Protection of Children from Sexual Offences Act, 2012, by

Judgment dated 03.08.2019 in Special Session Case No.28 of 2018, the

present appeal came to be filed by the appellant.

2. The brief facts of the prosecution is as follows:

(i) P.W.1 is the elder sister of P.W.2. P.W.2 is the mother of

P.W.3, who is the victim child. After marriage, P.W.2 was residing

in the joint family along with her mother-in-law, father-in-law,

sister-in-law and brother of her mother-in-law in the matrimonial

home along with her daughter-P.W.3, the victim child. P.W.2's

husband was working in abroad. On 03.09.2018, P.W.3 victim child

complained a pain in her private parts to P.W.2. P.W.2 suspecting

that there was some infections, gave water with sugar. P.W.3 also

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Crl.A.(MD)No.618 of 2019

informed that the accused took her to his room tied her hands and

legs in the night hours and repeatedly pressed her private parts.

The grandmother of the victim girl untied her hands and legs and

informed her to not to inform to any one. P.W.2 also requested her

mother-in-law to allow them to sleep in the room and not in the

hall, but the same was refused by her mother-in-law. When the

matter stood thus, P.W.1, the sister of P.W.2 used to visit the

house of P.W.2 and on one occasion, in the year 2018, P.W.3, the

victim child informed P.W.2 that the accused is frequently abusing

her sexually causing pain in her private parts. P.W.1 immediately

required P.W.2 to not to allow the child to sleep in the hall.

However, P.W.2, expressed her inability, since she is residing in

the joint family. After some time, when P.W.2 brought the victim

girl to her house in Trichy, the child developed unusual conduct and

whenever some other person went near her, she got frightened and

cried in panic. Since P.W.3 complained of pain in her genital

organs, P.W.1 took her to Government Hospital, Trichy on 08.01.2018.

(ii) P.W.8-the Doctor, Assistant Professor of MGM Government

Hospital, Trichy examined P.W.3 on 08.10.2018 at about 11.14 hours.

On examination, she found hymeneal tear over 1 'o' clock and 8 'o'

clock position and issued AR copy-Ex.P9 in this regard. P.W.3

victim child has stated that the accused used to lift her to his

room and used to press her genital organs with his hands.

(iii) P.W.9, the Inspector of Police, on receipt of the

intimation from Government Hospital, Trichy, recorded the statement

from P.W.1 and registered a case in Crime No.7 of 2018 for the

offences under Sections 5(l), 5(m) 5(n) and 6 of the 'Protection of

Children from Sexual Offences Act, 2012' (hereinafter referred to as

'POCSO' Act) under Ex.P-10-FIR and forwarded the FIR to the Court.

He thereafter, examined P.W.2 and the victim child and forwarded the

child to the hospital for taking treatment.

(iv) P.W.7-the Doctor work