K. KIRUBAKARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Appellant was convicted for offences punishable under Sec. 366 of the Indian Penal Code, 1872 and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 [POCSO Act] and sentenced to rigorous imprisonment for 5 years and 10 years, respectively, with fine. Aggrieved by such conviction and sentence, the appellant preferred an appeal before the High Court of Judicature at Madras. It was dismissed vide the impugned judgment and order dtd. 13/9/2021.

(2.) During the pendency of the appeal before the High Court, marriage between the appellant and the victim of crime was solemnized in May 2021. By an order dtd. 6/2/2024, this Court had directed the Tamil Nadu State Legal Services Authority [TNSLSA] to ascertain the well-being of the appellant's wife. Pursuant thereto, the Member Secretary of the TNSLSA interacted with the appellant's wife and has submitted a report revealing that after marriage the appellant and his wife have been blessed with a male child, who is less than one year old, and also that they are leading a happy married life.

(3.) Wife of the appellant has filed an affidavit before this Court stating that she is dependent upon the appellant and wishes to lead a happy, normal, and peaceful life with him and the child born in their wedlock.