JAMES Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed against the Judgment of conviction and sentence imposed by the learned Sessions Judge, Special Court for trial of cases under the Protection of Children from Sexual Offence Act, 2012, Salem in Old Special S.C.No.10 of 2018 and New Special S.C.No.71 of 2019.

(2.) The respondent Police have registered a case in Crime No.12 of 2015, for offence under Sections 7 and 8 of Protection of Children from Sexual Offence Act, 2012 (Hereinafter referred to as 'POCSO Act') against the appellant on the complaint (Ex.P1) given by the mother (PW.1) of the victim child (PW.2). After completing investigation, the respondent Police laid a charge sheet before the learned Sessions Judge, Magalir Neethimandram, Salem and same was taken on file as Special S.C.No.10 of 2018.

(3.) After completing the formalities under Section 207 Cr.P.C., since there was a prima facie material to frame charges against the appellant, the Sessions Judge farmed charges under Sections 10 and 8 of the Protection of Children from Sexual Offence Act, 2012. Since the Special Court was established to try the case for the offence under the Protection of Children from Sexual Offence Act, 2012 and the offence committed by the accused against the child, the case was transferred to the file of the Sessions Judge, Special Court for trial of cases under the Protection of Children from Sexual Offence Act, 2012, Salem and the same was renumbered as Special S.C.No.71 of 2019.