DHANAPAL Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed against the Judgment dtd. 27/2/2019 in Spl.S.C.No.28 of 2018 by the learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court) Tiruppur.

(2.) The case of the prosecution is that the victim girl, who is aged about 8 years was studying IV standard at Kasthuribha Gandhi Bhalika Vidhyalaya Girls School, near Moolanur and she was staying at Kasthuribha Gandhi Hostel. During the school vacation, the victim girl used to come to her house. While so, in May 2017 and May 2018, when the victim girl used to come and stay in her house, the appellant, who is none other than the step father of the victim girl had committed aggravated penetrative sexual assault on the victim girl. Hence, P.W.2/mother of the victim girl lodged a complaint/Ex.P1 against the appellant.

(3.) The respondent-Police registered a case in Crime No.7 of 2018 against the appellant for the offence under Sec. 5(l) (m) (n) which is punishable under Sec. 6 of The Protection of Children from Sexual Offences Act, 2012 [hereafter referred to as 'POCSO Act' for the sake of convenience] and Sec. 506 (i) IPC. On completion of investigation, the respondent police filed a charge sheet before the learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court) Tiruppur. The offence is against a child which falls under the definition of Sec. 2(1)(d) of POCSO Act and the learned Sessions Judge, taken the case on file in Spl.S.C.No.28 of 2018. After completing the formalities, the learned Sessions Judge framed charges against the appellant for the offence under Sec. 5(l), (m) and (n) which are punishable under Sec. 6 of POCSO Act and Sec. 506(ii) IPC.