R. ELUSAMMAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Heard Mr. J. Pandidurai, learned counsel for the petitioner in all petitions and Mr. C. Ramesh, learned Additional Public Prosecutor, appearing for the respondent in all petitions.

(2.) In these Habeas Corpus Petitions, the Petitioner - Mother of the Detenu, challenges the orders of detention passed on the Detenu by the second Respondent, branding them as "Sexual Offenders", under the provisions of the Tamil Nadu Prevention of Dangerous Activities of Boot-leggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14/1982).

(3.) The case against the detenu is that the defacto complainant's daughter viz., Rudhra is aged about 6 years at the time of occurrence and when her mother took her to take bath, Rudhra pointed out her genitalia and told that it was aching and thereafter, the defacto complainant noticed that there was swelling in the genetalia and on enquiry, she refused to tell the truth and hence, she heat up the child and in the school, when the teacher had enquired the girl informed that on 19.04.2016 while the girl was playing with neighbour childeren, the detenu viz., Selvam, Nagaraj and Arumugam have taken the child into their house by saying with delicacy manner as to give dress and locked the door and they removed the clothes of the girl and put her in bed and Selvam was pressing to keep his penis on her vagina and buttock and since Rudhra unable to bear the pain, he closed her mouth and involved sexual intercourse with her and other two detenu also have done the same with her and also, they compelled her to have oral sex by sucking their penis by the girl and hence, the case in crime No.8 of 2016 has been registered against the detenu for the offence under Sec. 342 of I.P.C. and Sec. 5(g) (m) read with 6 of Protection of Children from Sexual Offences Act, 2012. During the investigation, it was found that the same detenu had invovled in the same offence with another girl by name Easwari @ Nithya.