A. JEGANATHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Criminal Appeal is filed against the Order of the Trial Court holding the Appellant/Accused is guilty of offence under Sec. 5 of the POCSO Act and punished him under Sec. 6 of the said Act, by ordering Life Imprisonment with a Fine of Rs.1.00 lakh and in default, to undergo one year Simple Imprisonment. Besides, a Compensation of Rs.2.00 lakhs was awarded to the victim minor girl. Being aggrieved by the above said Order, the Appellant/Accused has filed the present Criminal Appeal.

(2.) The learned Counsel for the Appellant/Accused argued that the Complaint is a motivated one engineered by the wife and brothers of the Appellant to arm twist him and to settle their property dispute. The learned Counsel would further contended that the wife of the Appellant has used her own daughters to settle her scores. It was also contended that the Trial Court failed to appreciate the evidence in a proper perspective, and that though there is no evidence to attract the ingredient of Sec. 5 of POCSO Act (herein after called as "Act"), the Appellant has been convicted for the offence under Sec. 5 of the Act and sentenced him under Sec. 6 of the Act to undergo Life Imprisonment.

(3.) The learned Counsel for the Appellant drew the attention of this Court to the testimony of PW2, Medical evidence and the testimony of the Doctor, who issued the Certificate of Examination for sexual offence. Referring to Wound Certificate, Ex.P12, the learned Counsel submitted that in the absence of evidence of any Penetrative Sexual Assault, the Trial Court ought to have acquitted the Appellant, since the charges framed against him and the substance of the charges has not been proved through reliable evidence.