MUNIYANDI Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dtd. 23/3/2017 in S.S.C.No.1 of 2015 on the file of the Sessions Judge, Mahalir Neethimandram, FTC, Theni, whereby, the appellant was convicted for an offence under Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) (hereinafter referred to as 'the Act') and was sentenced to undergo life imprisonment and to pay a fine of Rs.10,000.00, in default, to undergo rigorous imprisonment for one year.

(2.) The case of the prosecution is that on 29/4/2013 at about 6.30 p.m., the victim girl had gone to fetch the goats, which were grazing in the adjacent field and at that point of time, the accused person is said to have forcibly taken the victim girl to a thatched shed and committed sexual assault. The victim girl went missing and therefore, her parents [P.W.1 and P.W.4] went in search of her. The victim girl was ultimately brought by P.W. 3 and one Vadamalur, who was not examined and P.W.1 enquired the victim girl. Initially, the victim girl did not reveal about the incident and her mother [P.W.-1] on examining the victim girl, who had sustained some injuries, found that she has been sexually assaulted. Immediately, a complaint [Ex.P.-1] was lodged by P.W.1 and an FIR came to be registered by P.W.18 and it was marked as Ex.P13.

(3.) The investigation was taken over by P.W.19 and it was completed by P.W.20 and the final report was laid before the Court below. The Court below, after serving the copies under Sec. 207 of the Code of Criminal Procedure, framed charge against the appellant for an offence under Sec. 4 of the POCSO Act.