SUDHAKAR Vs. STATE

JUDGEMENT

(1.) The Criminal Appeal is preferred by the accused against the judgment of the trial Court for offences under Ss. 366 IPC and imposed 5 years RI with fine of Rs.1,000.00, convicted under Sec. 506(i) of IPC and imposed 6 months RI with fine of Rs.1,000.00 and convicted under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (in short "POCSO Act") and imposed 15 years RI with fine of Rs.10,000.00 vide, judgment dtd. 17/09/2016 in Spl. S.C.No.18 of 2016.

(2.) The case of the prosecution is that, on 09/07/2016, the victim girl child (PW-2) along with her mother (PW-1) and her father (PW-3) went to the function held on eve of the marriage of one Selvi, who resides next to her house. At about 9.30 p.m, when PW-1 was helping the bride's family in decorating the vessels, the child, who was playing with other children was told by her mother to have dinner. Accordingly, she went to the dining room, had her dinner and went to the side by lane to wash her hands. The accused/appellant, who is the husband of the bride's sister, gagged the child mouth, took her to the nearby babul grove, put the child down, removed her skirt and under garment, then he rubbed the child's private part (vagina) with his private part (penis). The mother of the child (PW-1) on noticing her daughter is missing, raised alarm. She along with her husband and others went in search of the her daughter. From the babul grove the child came crying. She told PW-1 that she was taken to the grove by the accused. He removed her skirt partially and her under garment, put his penis on her vagina and rubbed. Seeing the light of the torch, people coming in search of the girl, the accused ran away threatening her that if she reveals, he will kill her.

(3.) About the above said incident occurred on 09/07/2016 at about 9.30 p.m, the complaint (Ex.P-1) was registered by the respondent police on 11/07/2016 at 08.00 hrs in FIR Crime No:5/2017. The trial Court, based on the materials collected during the course of investigation and the Final Report, framed charges against the accused for the offences under Sec. 366 IPC, Sec. 5(m) r/w 6 of POCSO Act and Sec. 506(i) of IPC.