S. JAYASEELAN Vs. STATE

JUDGEMENT

(1.) The criminal appeal has been filed against the judgment of conviction and consequential sentence passed by the learned Sessions Judge, Mahila Court, Salem, in S.C.No.42 of 2016, dated 08.03.2019.

(2.) The respondent police registered a case in Cr.No.396 of 2013 against the appellant for the offence under Sections 9(f) punishable under Section 10 of Protection of Children from Sexual Offences Act, 2012 (in short "the POCSO Act). After completing investigation, the respondent police laid a charge sheet before the learned Sessions Judge, Mahila Court, Salem, which was taken on file in Spl.S.C.No.42 of 2016. The learned Sessions Judge, after hearing both the accused and the prosecution and after perusing the records, since there is prima facie case, framed charges against the appellant/accused for the offence under Section 9(f) punishable under Section 10 of the POCSO Act.

(3.) Before the trial Court, in order to prove the case of the prosecution, as many as 13 witnesses were examined as P.Ws.1 to 13 and Exs.P1 to P11 were marked and no material object was exhibited. After completing examination of prosecution witnesses, when incriminating circumstances culled out from the evidence of prosecution witnesses were put before the accused by questioning under Section 313 Cr.P.C., he denied the same as false and pleaded not guilty. On the side of the defence, D.W.1 and D.W.2 were examined and no document was marked.