ASIR SUDHAHARRAJ Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner has filed this petition to suspend the sentence imposed against him in Special S.C.No.18 of 2020 on the file of the Sessions Judge, Principal Special Court for Exclusive trial of cases under POCSO Act, Madurai dtd. 30/1/2023 and enlarge him on bail pending disposal of the Criminal Appeal.

(2.) The brief facts of the prosecution case: The petitioner is working as an Office Assistant in American College Higher Secondary School, Tallakulam, Madurai. The victim boy was studying 10th STD in that school at the time of occurrence. On 2/3/2020 the victim boy went to the office of the school to take a chalk piece and at that time the accused misbehaved with the victim boy, removed the dress of the boy and pressed the private part with sexual intention. On the night the victim boy consumed sleeping tablets and the next day morning he was admitted in the hospital and narrated the occurrence to his mother P.W.1. The mother of the victim boy lodged a police complaint before the respondent All Women Police Station, Thallakulam. The respondent police registered the FIR in Crime No.10 of 2020 for the offence under Ss. 9(f),(l) r/w 10 of POCSO Act and 506 (i) of IPC. P.W.23 - Inspector of Police did investigation and laid a charge sheet. The petitioner was charged for the offence under Ss. 9(f), 9 (1) r/w 10 of POCSO Act and Sec. 506 (i) of IPC.

(3.) To prove the charge the prosecution examined 13 witnesses as P.W.1 to P.W.13 and marked 13 exhibits as Ex.P1 to Ex.P3. The petitioner/accused has examined himself as D.W.1 and marked Ex.D.1 and Ex.D.2. Ex.C.1 was also marked. After considering both sides evidences and both side arguments, the Trial Court has found the petitioner/accused guilty for the offence under Sec. 9(f), 9( 1) r/w 10 of POCSO Act and Sec. 506(i) of IPC and convicted and sentenced him to undergo Rigorous Imprisonment for a period of 5 years and to pay a fine of Rs.5,000.00, in default, to undergo simple imprisonment for a period of one year and for the offence under Sec. 9(f), 9(1) r/w 10 of POCSO Act and sentenced to undergo Rigorous Imprisonment for a period of one year and to pay a fine of Rs.1000.00, in default, to undergo simple imprisonment for a period of three months for the offence under Sec. 506(i) of IPC and directing the sentences to run concurrently by passing the impugned judgment dtd. 30/1/2023.