STATE Vs. DANDAYUTHAM

JUDGEMENT

(1.) This appeal is filed by the State aggrieved by the judgment, dtd. 4/4/2014 of the learned Principal Sessions Judge, Tiruppur in S.C.No.92 of 2013, thereby, acquitting the respondents / accused, more specifically the respondent No.1 / accused No.1, of the offences under Sec. 6 read with Sec. 5(i), (m) and (r) of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act'); under Ss. 450 and 307 of The Indian Penal Code (hereinafter referred to as 'The IPC') and the respondent Nos. 2 to 4 / accused 2 to 4, of the offence punishable under Sec. 506 (ii) of IPC.

(2.) On 12/4/2013, when P.W.18 was on duty at the All Women Police Station, Tiruppur, P.W.1, ZZZZ (name redacted) appeared before her at about 24:00 hours and had lodged a complaint to the effect that she was residing at the address mentioned in the complaint for the past 8 years and that she was working as a Tailor in a Hosiery concern. On 12/4/2013, her younger daughter, aged 8 years, came home from school after finishing her exam at about 12.30 P.M. On the said day, at about 8.30 pm, when she returned home, she found that many persons have gathered in front of her house and that her daughter was found lying in the lap of one Devi (P.W.13). Due to power cut at that time, she saw her daughter through torch light and noticed bite wounds of lacerations, bruises and contusions with blood clots on her cheeks, left breast, and eyes were swollen. She also had injuries on her neck and lower lips. She had blood stains on her gown. There was blood in her vagina and on further examination, the private part was torn and blood was oozing out. Upon enquiry, her daughter stated that she came home at 12.30 P.M. After changing her uniform, she went to her tuition Teacher's place and came back home. When she was about to come to the ground floor from her portion of the house, at about 1.30 P.M, the first accused, by name Kannan, who is also residing in adjacent portion of the same house, barged into the house and chocked her mouth and dragged her inside the house and pushed her on to the cot and bite her left cheek and left breast and lay on her and disturbed her vagina and thereafter smothered her with pillow and thus, she fainted. Sometime later, when other child, Suresh, came to her house and called her for playing, she was still lying on the bed and was unable to even move and was suffering from pain and therefore, Suresh went off. After some time, since there was power cut and it was getting dark, out of fear, she managed to somehow come down and upon seeing P.W.13, Devi, the neighbour, she laid in her lap. Immediately, P.W.1, with the help of others, took her to Sree Saran Medical Centre, Tiruppur where she was admitted for treatment. Therefore, she prayed to take action against Kannan (accused No.1). On their way to the Police Station to lodge a complaint against the said Kannan, his friends namely, Raja, Saravanan, Devendran (accused Nos. 2 to 4) threatened her with life and therefore, prayed for action against all the four of them.

(3.) On the strength of the said complaint, P.W.18 registered a case in Crime No.31 of 2013 for the offences under Ss. 376(2)(i), 376(2) (m), 307, 324, 294(b), 341, 506(ii) of The IPC; Sec. 3 read with Sec. of the POCSO Act and Sec. 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 1998 (hereinafter referred to as 'TNPHW Act') and took up for investigation. After completion of the investigation, filed a Final Report before the learned Principal Sessions Judge, Tiruppur proposing the first accused guilty of the offences under Sec. 6 read with Sec. 5(i), (m) and (r) of the POCSO Act and Sec. 307 of The IPC and the accused Nos.2 to 4, for the offence under Sec. 506(ii) of The IPC.