SENTHILKUMAR Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been preferred challenging the judgment of the learned Sessions Judge, Fast Track, Mahila Court, Dharmapuri, dtd. 30/10/2018 made in S.C.No.11 of 2017.

(2.) The case of the prosecution is that the accused was working as a school teacher in rural area school where the victim children / PW.3 to PW.5 were also studying. Even two years prior to the date of complaint, the accused was in the habit of causing sexual assault on the victim children by touching their shoulders, breasts and hips. On 29/6/2016, during lunch time, he sexually assaulted PW.4 by touching her on the left breast. On 30/6/2016 at about 3.20 p.m., to 3.30 p.m., when PW.2 was going to attend nature call, the accused followed her and pulled her shawl with sexual intention and thus committed sexual assault on her. On 30/6/2016 at about 9.30 a.m., he assaulted PW.3 by slapping on her left cheek and back and committed the offence under Sec. 10 of the POCSO Act and 323 IPC.

(3.) On the complaint given by PW.1 / Suresh, who is the father of PW.2, a case was registered under Sec. 323 IPC and Sec. 8 of the POCSO Act, by PW.16-Ramamurthy / the Sub Inspector of Police. PW.17-Amudhavalli / the Inspector of police took up the case for investigation and went to the place of occurrence and prepared the observation mahazar and rough sketch in the presence of the witnesses. She has also recorded the statement of the witnesses and sent the victim child/PW.3 for medical examination. Then she arrested the accused on 1/7/2016 and recorded the confession statement and then he was remanded to judicial custody. She also took steps to record 161 statement of the victim girl before the Magistrate. After medical examination, she obtained medical certificate from the doctor. She also obtained the proof of date of birth for the victim children by examining the Head Master of the School and got the relevant certificate and thereafter filed a charge sheet against the accused for the offences under Ss. 323 and Sec. 10 of the POCSO Act.