VIJAYAN Vs. STATION HOUSE OFFICER, THAMARASSERY POLICE

JUDGEMENT

(1.) In this jail appeal filed under Sec. 383 Cr.P.C., the appellant, the sole accused, in S.C.No.319/2015 on the file of the Special Court for Trial of Cases Relating to Atrocities and Sexual Violence Towards Women and Children, Kozhikode, challenges the conviction entered and sentence passed against him for the offences punishable under Sec. 9(m) read with Sec. 10 of the Protection of Children from Sexual Offences Act, 2013 (the PoCSO Act) and Sec. 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the SC/ST Act).

(2.) The prosecution case is that on 19/01/2015 at 16:30 hours, while PW2, a minor girl aged 8 years, was on her way to the house of PW3, for giving sweets to the daughter of the latter, the accused lifted her and sexually assaulted her by touching her private parts by inserting his fingers into her inner-wear from either side, that is, from the back as well as front, and thereafter pasted a sticky fluid on her leg. The accused sexually assaulted PW2 knowing fully well that she was a member of the Scheduled Caste community. Thus as per the final report, the accused is alleged to have committed the offences punishable under the aforementioned Ss. .

(3.) Crime no.32/2015, Thamarassery police station, that is Ext.P10 FIR, was registered by PW12, Sub Inspector, on the basis of Ext.P1 FIS of PW1. PW14, Dy.S.P., Thamarassery, conducted the investigation and on completion of investigation, submitted the final report/charge sheet before the court.