DHARMARAJ Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dtd. 31/3/2015 in S.C.No.7 of 2014 on the file of the Mahila Court, Sessions Judge, Karur, whereby, the appellant was convicted and sentenced as follows: <FRM>JUDGEMENT_144_LAWS(MAD)10_2022_1.html</FRM>

(2.) The case of the prosecution is that on 12/4/2014 at about 11.00 a.m., when the victim girl [P.W.-2] aged about 10 years was staying alone in her house, the appellant called her in the guise of handing over the photographs and visiting card to the father of the victim and believing his words, the victim girl went along with the appellant in his two wheeler (M.O.6) and the appellant is said to have taken the minor girl to a shop and purchased soft drinks packets and thereafter taken the victim girl to a secluded place and removed the dress of the victim girl. In the course of the said act, the appellant had committed aggravated sexual assault on the victim girl.

(3.) A complaint (Ex.P1) was given by the mother (P.W.1) of the victim girl and based on the same, an FIR (Ex.P22) came to be registered by P.W.21. The statement of the victim girl and her mother was recorded under Sec. 164 Cr.P.C. by the Judicial Magistrate, Kulithalai (P.W.16). On completion of investigation, the final report came to be laid before the Judicial Magistrate, No.I, Kulithalai and the case was forwarded to the Special Court.