PARIMALA Vs. STATE

JUDGEMENT

(1.) The petitioners/A4, A5 and A7 have filed a petition under Sec. 227 of Cr.P.C., in Crl.M.P.No.1176 of 2022 in Special C.C.No.11 of 2019 before the learned Sessions Judge, Principal Special Court for Exclusive Trial of cases under POCSO Act, Coimbatore (trial Court). The trial Court vide order, dtd. 20/3/2023 dismissed the same, against which, the present Criminal Revision Case has been filed.

(2.) The case of the prosecution is that the defacto complainant/2nd respondent/victim girl is a deaf and dumb by birth and she joined deaf and dumb school in Athupalayam and another victim girl/LW2 joined school at Murugapalayam at Tirupur district. They studied up to 7th std. A1 is the Correspondence of the school, who is also a deaf and dumb. A2 is the Treasurer and A3 is the Supervisor. A4 is the hostel warden. A5 and A6 are deaf and dumb studied in the school and closely associated with A1. A7 is the Physical Education Teacher. A2 to A4 threatened and forced the students studying in the school to give in to the lust of A1. When the 2 nd respondent aged about 13 years, A1 called her to his room, made her to sit on his lap, kissed and molested her. Since the 2nd respondent hailing from poor family, she was in need and support of the school. Taking advantage of the position, A1 committed penetrative sexual assault on her. The 2nd respondent transferred to another school from Athupalayam to Murugapalayam school. While she was studying there, A1 through A2 called the 2nd respondent's mother and informed that the 2nd respondent unable to study further and she can be used as domestic help for A1. The 2nd respondent's mother insisted that her daughter to continue her study and get computer training, so that she can sustain herself independently in future. The 2nd respondent was forced to stay in the school and asked to do domestic works of washing clothes and vessels.

(3.) In the year 2007, A1's wife Jayanthi delivered a baby and the 2nd respondent was asked to be a help for her. During that period, A1 forcibly took the 2nd respondent to bedroom and committed penetrative sexual assault. Further, she was threatened that her relationship with Sathivel would be exposed and thereby, retained her forcibly in his custody. A4 and A5 forcibly administered liquor to 2nd respondent. When she was in semi-conscious stage, taking advantage of it, A1 continued his sexual assault on her. Due to which, the 2nd respondent became pregnant and she was forcibly given juice and horlicks to ensure forcible abortion. Further, A1 and A4 questioned the pregnancy of the 2nd respondent. A5 and A6 forcibly aborted the foetus by administering pills. Since the abortion not complete, she was taken to Doctor Sumathi Rajan at Pollachi and DNC done. On the complaint, a case in Crime No.207 of 2017 was registered for offence under Ss. 376(2), 376(2)(d), 376(2)(n), 376(2)(l), 376C, 313, 109 and 506(i) of IPC on 9/5/2017 against six accused. On conclusion of investigation, charge sheet filed for offence under Ss. 313, 109 and 506(i) of IPC and Ss. 5(f), 5(l), 5(k), 6, 16 and 17 of the Protection of Children from Sexual Offence Act, 2012 citing 26 witnesses as LW1 to LW26 and documents before the learned Judge, Mahila Court, Coimbatore in C.C.No.03 of 2018 and thereafter, the same was transferred to the file of the Principal Special Court for Exclusive Trial of cases under POCSO Act, Coimbatore and renumbered as Special C.C.No.11 of 2019. During the pendency of trial, the petitioners/A4, A5 and A7 filed a petition under Sec. 227 of Cr.P.C., in Crl.M.P.No.1176 of 2022 in Special C.C.No.11 of 2019 before the learned Sessions Judge, Principal Special Court for Exclusive Trial of cases under POCSO Act, Coimbatore (trial Court). The trial Court vide order, dtd. 20/3/2023 dismissed the discharge petition, against which, the present Criminal Revision Case filed.