NIRMAL PREMKUMAR Vs. STATE

JUDGEMENT

(1.) The correctness of the judgment and order dtd. 11/11/2022 ("impugned judgment", hereafter) passed by a learned Judge of the High Court of Judicature at Madras ("High Court", hereafter) is questioned in this appeal. By the impugned judgment, the High Court dismissed the criminal appeal(Criminal Appeal No. 697 of 2021) [under sec. 374(2) of the Code of Criminal Procedure ("Cr.P.C.", hereafter)] carried by the appellants from the judgment and order dtd. 22/11/2021 of the Special Court for Exclusive Trial of Cases ("Special Court", hereafter) under the Protection of Children from Sexual Offences Act ("POCSO Act", hereafter) in a sessions case(to the present appeal, are) registered against the two appellants ("A-1" and "A-2", respectively, hereafter). The Special Court having convicted A-1 under sec. 12 of the POCSO Act sentenced him to three (3) years' rigorous imprisonment together with a fine of Rs.30,000.00, in default to suffer further six (6) months' rigorous imprisonment. Insofar as A-2 is concerned, conviction under sec. 506 of the Indian Penal Code, 1860 ("I.P.C.", hereafter) was recorded and he was sentenced to two (2) years rigorous imprisonment with fine of Rs.20,000.00, in default to suffer further four (4) months' rigorous imprisonment.

(2.) The facts, leading to the present appeal, are as follows:

(3.) Vide judgment and order dtd. 22/11/2021, the Special Court convicted A-1 and A-2 and sentenced them as noted at the beginning of this judgment.