DEVA @ DEVARAJ Vs. STATE

JUDGEMENT

(1.) This appeal arises against the judgment of learned Principal Special Judge for POCSO Act Cases, Salem, passed in Old No.Spl.S.C.No.60 of 2017 in New Spl.S.C.No.58 of 2019 dtd. 30/11/2021.

(2.) Brief Facts of the Prosecution case are as follows:

(3.) Learned Senior Counsel for the appellant submitted that the accused has been undergoing incarceration since the date of conviction and at present, he is confined in the Central Prison, Salem. Since the father of the accused refused to marry P.W.1, the accused has been made as a scapegoat by giving a false complaint by using the minor girl. This fact has been clinchingly established by the evidence of D.Ws.1 to 3. All the witnesses relied upon by P.W.1 are interested witnesses and the evidence of the victim girl is nothing, but a tutored version. He further submitted that no evidence is available to show that the victim girl was taken by the accused at the relevant point of time. P.W.12 / Medical Officer clearly deposed that there was no external injury found on the chin of the victim girl and in case the accused inserted his penis in her mouth and has repeatedly done the said act, there must be abrasion in her mouth, which has not been noticed by P.W.12 / Medical Officer. Further, the statement given by P.W.2 before the Judicial Magistrate under Sec. 164 Cr.P.C., would belie her evidence. Though the entire theory of the prosecution rests on the evidence of P.W.5, he had never spoken about the accused. He also submitted that FIR has been registered belatedly and reached the Court only at 5.30pm on the next day. This fact itself clearly indicates that the case has been framed after due deliberations and consultations. Due to the refusal by the father of the accused to marry P.W.1, the child has been used as a tool to wreak vengeance on the father of the accused.