RAJENDRAN Vs. STATE REP. BY THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, JAYANKONDAM, ARIYALUR DISTRICT [CRIME NO.15 OF 2014]

JUDGEMENT

(1.) This is a case of aggravated penetrative sexual assault on an young and mentally ill-developed girl aged 13 years. The Appellant, the sole accused in Spl. S.C. No. 7 of 2015 on the file of the learned Sessions Judge, Fast Track Mahila Sessions Judge, Ariyalur, stood charged for offence under Sec. 6 of The Protection of Children from Sexual Offence Act, 2012 [in short the POCSO Act]. The trial court, by judgement dated 07.10.2015, convicted the appellant/accused under Sec. 6 of the POCSO Act and sentenced him to undergo imprisonment for life and to pay a fine of Rs.2,00,000.00 in default to suffer rigorous imprisonment for two years. The entire fine amount has been ordered to be paid to the victim as compensation. Challenging the above said conviction and sentence, the appellant/accused is, now, before this court with the present criminal appeal.

(2.) The case of the prosecution in brief is as follows:- P.W.1, a poor illiterate village woman, is a resident of Chinnavalayam Village in Ariyalur District and she is a masonry worker by profession. The accused in this case is a Mason by profession. He hails from a different village. But, both the accused and P.W.1 used to work together in the construction site. In such a way, the accused had close acquaintance with P.W.1.

(3.) P.W.1 was residing at her own house with her two female children. The elder daughter of the deceased is P.W.2 and she is the victim in this case. She was hardly 14 years old at the time of occurrence. Her date of birth is 09.10.2001. Few months prior to 01.12.2014, P.W.6 a neighbour of P.W.1 informed her that when P.W.1 was not at her home and P.W.2 alone was available, one person visited her house. On the same day, P.W.1 inquired P.W.2 about the same. P.W.2, in turn, informed that it was the accused who visited the house. She further told that the accused took her outside to a shop and bought bangles and other wearing apparels for her. P.W.2 also informed P.W.1 that the accused misbehaved with her. P.W.1, thereafter, sent P.W.2 for coolie work in a cotton mill in Palladam. P.W.2 was staying in the quarters along with other women co-workers. While she was alone there, P.W.2 fell ill. The Supervisor of the mill took her with the help of other women co-workers to a local hospital. The doctor, after having examined P.W.2, informed him that P.W.2 was pregnant by five months. Therefore, the Supervisor brought P.W.2 to Ariyalur and let her in the custody of P.W.1. When P.W.1 inquired, P.W.2 told that the accused was responsible for her pregnancy. Therefore, P.W.1 went in search of the accused. When P.W.1 saw the accused taking his child in a motor cycle from the school and stopped him by waving her hands, the accused did not respond to her and left the place. Thereafter, P.W.1 went to the police on 01.12.2014 and made a complaint [Ex.P1]. On the said complaint, P.W.17, the then Inspector of Police, registered a case in Crime No.15 of 2014 under Sections 5(f)(ii) r/w 6 of the POCSO Act, 2012. Ex.P.27 is the FIR.