PRAKASH Vs. STATE REP. BY THE INSPECTOR OF POLICE,BARGUR POLICE STATION, ERODE DISTRICT.(CRIME NO.12 OF 2013)

JUDGEMENT

(1.) The Appellant is the sole accused in S.C.No.121 of 2013 on the file of the learned Sessions Judge, Mahila [Fast Track] Court, Erode. He stood charged for offence under Sec. 5(i) r/w Sec. 6 of The Protection of Children from Sexual Offences Act, 2012 and Sec. 506(ii) of IPC. The trial court, by judgement dated 09.04.2014, convicted him under Sections 5(i) r/w 6 of the Protection of Children from Sexual Offences Act and Sec. 506(ii) of Penal Code and sentenced him to undergo imprisonment for life and a fine of Rs. 5,000.00 and also to pay a sum of Rs. 3,00,000.00 in default to suffer simple imprisonment for a further period of one year for offence under Sec. 5(i) r/w 6 of the Protection of Children from Sexual Offences Act and to under go rigorous imprisonment for two years and to pay a fine of Rs. 5,000.00 in default to suffer simple imprisonment for a further period of six months for offence under Sec. 506(ii) of IPC.

(2.) The case of the prosecution in brief is as follows:-

(3.) On returning home, P.W.2 informed her mother (P.W.1) that she had unbearable pain in her vagina, but, she did not disclose to P.W.1 that the accused had sexual intercourse with her. P.W.1 took P.W.2 to the bathroom and found that there was bleeding through vagina. P.W.1, being a poor village woman, believed that P.W.2 had attained puberty and that was the cause for the bleeding through vagina. As per the customary practise in her community, she took P.W.2 into her house and made P.W.2 to sit in a corner of the house. Since it was the practise in the community to burn the blood stained dresses of a girl after she attains puberty, P.W.1, the mother of P.W.2, burnt the chudidar and pants worn by P.W.2 which were stained with blood. P.W.1 made P.W.2 to wear a yellow colour saree as per the custom in the community.