A KALIMUTHU Vs. STATE

JUDGEMENT

(1.) The appellant in this appeal is the sole accused in Special Sessions Case No. 27 of 2015 on the file of Sessions Judge for Mahila Court, Madurai. He stood charged for the offences punishable under Sections 5 (l) read with 6 of The Protection of Children from Sexual Offences Act (in short 'POSCO'). The trial court, after conclusion of trial, passed the judgment dated 23.04.2016 convicting the appellant for the offences punishable under Sections 5 (l) read with 6 of POSCO and sentenced him to undergo imprisonment for life together with fine of Rs.5,000/- failing which to undergo simple imprisonment for a period of one year. By the said Judgment dated 23.04.2016, the trial Court also directed the Government to pay a sum of Rs.10,00,000/- as compensation to the victim child for the trauma and mental disturbance suffered by her on account of the act of the appellant.

(2.) The accused/appellant is the father of the minor victim girl, PW1, who was 16 years at the time of occurrence. PW2 is the mother of PW1 and wife of the accused/appellant. PW3 is the brother of PW1 and son of the accused/appellant and PW According to PW1, her father is a drunkard addicted to alcoholic drinks and also had the habit of taking narcotic substances. According to the prosecution witnesses, the accused/appellant was jobless. On the other hand, PW2 was undertaking domestic work and running the family with the meagre income she earns. The accused/appellant used to quarrel with PW2 and often demanded money from her for taking alcoholic drinks. Whenever she refused to pay, the accused/appellant used to assault PW2 and forcibly snatch the amount from her.

(3.) It is stated that PW1 attained puberty two years prior to the date of occurrence. While so, three months prior to the occurrence, when PW1 was alone in the house, the accused misbehaved with his own daughter by pulling her hands and pressed her breasts under the influence of alcohol. This was complained by PW1 to PW2, mother. PW2 therefore questioned the accused and quarrelled with him. When the accused was confronted by PW2 as to why he had indulged in such acts with his own daughter, the accused threatened PW2 with a knife not to disclose it to any one, failing which he will kill Pws 1 to After this incident, it is stated that PW2 stayed in the night in the house of her junior grand mother situated opposite to their house and PW1 was made to stay in the house of her aunt nearby. While so, on 30.05.2015, when PW1 was in her aunt's house, the accused called PW1 to come to the house to have food prepared by PW2. The aunt of PW1 also asked PW1 to go to her house to have food as requested by her father. Accordingly, PW1 went to her house along with the accused at about 11.00 pm. When PW1 stepped into her house, the accused forcibly pushed her inside the room and locked it from inside. Immediately, PW1 pleaded with the accused to leave her so that she can go to her aunt's house. Unmindful of such request, the accused, under the influence of alcohol and narcotic substances, kicked PW1 in her abdomen and she fell down. The accused continuously assaulted PW1 and she was gripped with panic. At that time, PW3, brother of the PW1 was sleeping beneath the cot in the room. The accused thereafter demanded PW1 to remove the cloths by herself, which she bluntly refused. On such refusal, the accused forcibly undressed PW1 by removing her dress. When PW1 pleaded with the accused to relive her, he threatened her with a knife. Thereafter, the accused pressed the breasts of PW1/his own daughter and caused aggravated penetrative sexual assault. At the time of ejaculation, during withdrawal phase, with strong belief to eliminate any trace of seminal fluid in the private part of PW1 and also led by misplaced caution, had let the semen drop outside the vaginal area of PW1. PW1 wept in pain and unmindful of her cries, the accused repeated his acts of penetration atleast thrice thereafter till 6.00 am in the morning. At all times when the accused was about to ejaculate, he let the sperm to spill out of the vaginal portion cautiously. After having ravaged PW1 with aggravated penetrative acts, the accused let PW1 to go out of the house at about 6.30 am in the morning. Immediately, PW1 complained about the acts of sexual assault which she was subjected to at the instance of the accused to her mother, PW2. PW3 also complained to PW2 about such acts perpetrated by his father towards his sister. PW2 immediately narrated the incident to her relatives namely junior paternal uncle Kumar, Pandiammal and thereafter, PW2 decided to give a complaint to the police. Accordingly, a complaint dated 31.05.2015 was given by PW1 to the Inspector of Police, All Women Police Station, Madurai Town, Madurai District. On the basis of such complaint, a case in Crime No. 111 of 2015 was registered by PW25 as against the accused for the offence punishable under Section 3 and 4 of POSCO Act. Ex.P11 is the First Information Report, which PW25 forwarded to the higher authorities as well as to the Court of the Judicial Magistrate concerned.