SRIDEVI Vs. STATE

JUDGEMENT

(1.) This criminal miscellaneous petition has been preferred by Accused No.2, seeking to suspend the sentence imposed on her, by judgment and order dated 23.11.2020 passed in S.C.No.34 of 2019 on the file of the learned Sessions Judge, Special Court for Exclusive Trial of Cases under the POCSO Act, Coimbatore and to enlarge her on bail pending disposal of the appeal.

(2.) The case of the prosecution is that the petitioner herein, is the mother of the victim girl. The 1 st Accused viz., Subramaniam, is the paramour of the petitioner. On 20.06.2017, at about 3.00 hrs, when the petitioner was in her house along with the victim girl at R11, A104 at Garden City Developers Apartment, Nagarajapuram, Vedapatti, Coimbatore, Accused No.1, knocked the door and on hearing the knocking sound, the petitioner herein opened the door and thereafter, went to sleep. By using the said situation, Accused No.1 in this case, closed the mouth of the victim girl, removed her dresses and pressed her chest and penetrated her vagina by his fingers and insisted her to come to bed and in case of failure, he threatened her that he would kidnap her and throw acid on her face. After three days, he did the same sexual assault on the victim girl. Till August 2017, the victim girl was sexually assaulted by Accused No.1, for so many times.

(3.) For the said offence, initially, a case has been registered against Accused No.1 alone in Crime No.16 of 2018 under Sections 5(1) and 6 of the POCSO Act, 2012 r/w Section 506 (i) of IPC. Thereafter, during investigation, the investigation officer, came to the conclusion that the petitioner is also involved in the said offence and after conclusion of investigation, filed charge sheet against this petitioner under Sections 17 and 21(1) of the POCSO Act, 2012.