S. MAREESHWARAN Vs. STATE

JUDGEMENT

(1.) The appellant in Criminal Appeal (MD) No. 239 of 2017 is the first accused in S.C. No. 60 of 2015 on the file of the learned Sessions Judge, Fast Track Mahila Court, Virudhunagar at Srivilliputhur. The appellant in Criminal Appeal (MD) No. 498 of 2017 is the second accused in the very same Sessions Case. The first accused stood charged for the offences punishable under Section 377, 450, 302 of Indian Penal Code and Sections 5(1) read with section 6 of The Protection of Children from Sexual Offences Act (in short 'POSCO'). The second accused stood charged for the offences punishable under Section 212 and 302 read with Section 109 of Indian Penal Code. After conclusion of trial, both the accused were convicted and sentenced to various terms of imprisonment as tabulated hereunder:- <FRM>JUDGEMENT_114_LAWS(MAD)3_2018_1.html</FRM>

(2.) The sentences imposed against the first accused for the offences under Sections 377, 450 and 302 of Indian Penal Code were ordered to run concurrently, however, the sentence imposed for the offences under Section 5(1) and Section 6 of POSCO Act was ordered to run consecutively. The trial court also ordered that the total fine amount of Rs. 1,10,000/- imposed on the first accused shall be paid to PW1 and PW2, parents of the deceased, as contemplated under section 357(3) of the Code of Criminal Procedure, 1973 either before an appeal is preferred or such appeal is concluded.

(3.) The case of the prosecution could succinctly be stated as follows:-