HARISHANKAR Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed, against the judgment of conviction and sentence passed by the learned Sessions Judge, Mahila Court, Coimbatore, in Spl.C.C.No.24 of 2014, finding the appellant guilty for the offences under Ss. 3 r/w Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 and convicting and sentencing him to undergo eight years rigorous imprisonment and to pay a fine of Rs.5,000.00 in default to undergo six months simple imprisonment.

(2.) The case of the prosecution is that the Appellant and the prosecutrix / victim are local residents of Kettimallanpudur, Anaimalai. The parents of the prosecutrix / victim were coolies and that she has got one elder brother and one younger brother. After completing her X std., the prosecutrix / victim was working as a machine operator in Umesh Pencil Company for the past two years. The appellant was in speaking terms with the victim for the past one year. Five days prior to the date of occurrence viz. on 16/1/2014, the victim along with her family members had gone to attend the funeral of her grandfather and she had returned to the village on 16/1/2014 and at about 7.30 p.m. while the prosecutrix / victim returned from public toilet after attending nature's call, the appellant / accused along with other accused had gagged her mouth and forcibly dragged her into a nearby bush and committed aggravated penetrative sexual assault on her and thereby, the appellant was charged for the offence u/s.3 and 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter called the POCSO Act) and the other accused 2 and 3 were charged for the offences u/s.3 and 4 of the POCSO Act r/w.34 of IPC.

(3.) Brief facts of the prosecution case: