PERIASAMY Vs. STATE

JUDGEMENT

(1.) The appellant was the sole accused in Special C.C. No.3 of 2014 on the file of Mahila Judge, Fast Track Court, Dindigul. He stood charged for the offences punishable under Section 376(2)(f) (I) and (n) of the Indian Penal Code and Section 6 read with section 5 (m) and (n) of The Protection of Children from Sexual Offences Act, 2012 (in short POSCO). After conclusion of trial, the accused was convicted for the offence under Section 6 read with Section 5(m) and (n) of POSCO and sentenced to undergo imprisonment for life, with fine of Rs. 1,000/- failing which to undergo imprisonment for a period of six months. However, he was acquitted of the charges under Section 376(2)(f), (I) and (n) of The Indian Penal Code.

(2.) The accused/appellant in this case is the father of the minor victim girl/PW1, aged 10 years at the time of occurrence. He is an auto driver by profession. DW1 is the wife of the accused Due to matrimonial dispute between DW1 and accused/appellant, DW1 left to Chennai by leaving the minor victim girl/PW1 in a hostel, when she was a tender child. PW1/victim girl therefore stayed and continued her studies in the hostel. It is the case of the prosecution that two years prior to the occurrence, the accused/appellant had brought PW1 to his home and from then on PW1 attended her school from the house. It is the case of PW1 that she will be dropped by the accused in the school and after schooling, she will be brought back to school by the accused in his autorickshaw.

(3.) The prosecution had set the criminal law in motion as against the accused at the instance of the complaint given by Ms. Domitilla Mary, PW12, who is working as a Teacher in the School where PW1 was studying. According to the prosecution, on 13.01.2014, PW1 had complained to PW12 that for the past two years, she was subjected to penetrative sexual assault by none other than her father/accused. Immediately, with the help of the Teacher in the school, PW1 dialled the Telephone Number 1098 and contacted Child Help Line officials at about 3.00 pm. It is stated that through phone, PW1 had narrated the ordeal she had confronted at the hands of her father who was subjecting her to repeated sexual assault. On the basis of such complaint, the Members of Child Help Line namely Mrs. Shyamala (PW3) and Mrs. Amudha (PW4) have reached the School, accompanied PW1 and produced her before PW2, who is the Chair Person of Child Welfare Committee, Dindigul District. On such appearance, PW2 recorded the statement of PW1 and obtained her signature. Ex.P3 is the statement of PW1 recorded by PW2. Thereafter, PW2 has sent a Memo, Ex.P4 to the respondent police for registering a case. PW2 also gave a requisition letter to send the victim girl for medical examination. On completion of medical examination, PW1/victim girl was brought back to the Children Home under the control of Child Welfare Committee.