MANIKANDAN @ SUDUKATTAN Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed by the sole Accused challenging the Conviction and Sentence imposed upon him vide Judgment, dtd. 29/3/2022 in Spl.S.C. No.77 of 2020, on the file of the learned Sessions Judge, POCSO Principal Special Court, Salem.

(2.) (i) It is the case of the Prosecution that the Appellant and the Victim belong to the same village; that the family of the Appellant and the Victim are known to each other; that on 22/2/2020, the Victim aged about eight years, informed her mother [PW1] that she want to play with PW4, the brother-in-law of PW1; that on the same day at about 7.00 p.m., the Appellant took the Victim to a nearby field and removed the dress of the Victim and committed penetrative sexual assault on the Victim; that when the Victim shouted, the Appellant fled from the place; that the Victim came home and informed about the occurrence to PW1 and on the Complaint of PW1, a case was registered against the Appellant for the offence under Sec. 3 r/w 4 of the POCSO Act, in Cr. No.77 of 2020.

(3.) Heard, Mr. A. Thiyagarajan, learned Senior Counsel appearing for the Appellant/Accused, and Dr. C.E. Pratap, learned Government Advocate (Crl. Side), appearing for the Respondent/State.