RAJA Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is filed against the judgment made in Special S.C.No.18 of 2016 on the file of Sessions Judge, Mahila Court, Perambalur dated 08.02.2019.

(2.) The respondent police registered a case against the appellant in Crime No.04/2016 for the offence under Section 5(m) of Protection of Children from Sexual Offences Act, 2012 [hereinafter referred to as POCSO Act] and Section 506(1) IPC. Since offence is against child, subsequently, it was altered into Section 366(A) IPC, Section 5(m) of POCSO Act and Section 506(1) of IPC. After completing investigation, the respondent police laid charge sheet before the Mahila Court, Perambalur. The learned Special Judge taken the charge sheet on file in Spl.S.C.No.18 of 2016. After completing the formalities, Special court framed charges against the appellant for the offence under Sections 366 and 506(1) IPC and under Section 5(m) of POCSO Act.

(3.) After framing charges, in order to prove the case of the prosecution, during the trial, on the side of the prosecution, as many as 20 witnesses were examined as P.W.1 to P.W.20. 20 documents were marked as Ex.P.1 to Ex.P.20. Besides six material objects were exhibited as M.O.1 to M.O.6. After completing the examination of prosecution witnesses, incriminating circumstances culled out from the evidence of the prosecution witnesses were put before the appellant by questioning under Section 313 Cr.P.C., and he denied the same as false and pleaded not guilty. On the side of defence, 5 witnesses were examined and 2 documents were marked.