SATHEESH @ SATHEESH KUMAR Vs. STATE

JUDGEMENT

(1.) Heard Mr.John Sathyan, learned Senior Advocate appearing for the appellant and Mr.A.Gokulakrishnan, learned Additional Public Prosecutor, for the respondent.

(2.) The appellant herein has been found guilty for the offence under Sec. 5(l) read with 6 of The Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the POCSO Act') and sentenced to undergo imprisonment for the reminder of his natural life and to pay a fine of Rs.1,000.00 in default to undergo one year rigorous imprisonment, as well as guilty for the offence under Sec. 366(A) of the Indian Penal Code (hereinafter referred to as 'IPC') and sentenced to undergo 10 years imprisonment and to pay a fine of Rs.1,000.00 in default to undergo one year rigorous imprisonment, through the judgment dtd. 20/1/2020 passed in Special Calendar Case No.32/2019 on the file of the Special Court for Exclusive Trial of Cases Under POCSO Act, Coimbatore. The said judgment is assailed in this appeal.

(3.) The case of the prosecution is that the minor victim girl, born on 2/10/2001 and aged about 15 years, is the daughter of one Shanmugam. On 15/2/2017 at 11.30 P.M., when she had gone to the fields to switch off the motor, the appellant herein, who was present there, with his two wheeler, had lured her stating that he wanted to marry her and had forcibly taken her in his motorcycle and committed aggravated penetrative sexual assault several times. In view of these acts, the appellant has committed the offence under Sec. 366 IPC and Sec. 5(l) read with 6 of the POCSO Act.