PRABAKARAN Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is filed, against the judgement of conviction and sentence, dated, 5.2.2016, made in Spl.SC.No.11 of 2015, by the Sessions Court, Fast Track Mahila Court, Ariyalur, thereby (a) convicting and sentencing the Appellant/Accused for the offence under Section 506(i) of IPC to undergo one year Rigorous Imprisonment and to pay a fine of Rs.5,000/-, in default to undergo Simple Imprisonment for three months, (b) convicting and sentencing the Appellant/Accused for the offence under Section 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), to undergo Rigorous Imprisonment for four years and to pay a fine of Rs.20,000/- in default to undergo Simple Imprisonment for one year and (c) ordering the sentences to run concurrently.

(2.) The case of the Prosecution is that the victim girl, aged about 14 years as on 2015, belonged to SC Community, was studying 9th Standard in a Government School at Chinnavalayam Village and that the Appellant/ Accused, aged 25 years, belonged to Hindu Vanniyar Community and is the friend of the elder brother of the victim. On 06.04.2015, when the victim was walking towards her School, near a rice godown at Chinnavalayam Village, the Appellant/Accused, with an intention to sexually assault her, came behind the victim in an unregistered black colour Pulsar Motorcycle, had tapped forcefully on the back of her head and gagged her mouth with a handkerchief and carried her to the nearby eucalyptus grove belonged to one Elangovan, dropped her down, mounted on her, attempted to kiss her and when the victim resisted him, he slapped on her cheeks and he bite victim on her cheek, lips and caused nail injuries on the breasts of the victim and he tore the side of the uniform pant of the victim and attempted to commit penetrative sexual assault on her and at that time, when the accused heard some noise, the accused walked a distance to see what the noise was and using the said opportunity, the victim escaped from there and ran to the main road and the Appellant/Accused followed the victim and threatened her that he would kill and bury her if she revealed it to any body. On the above allegations, the Appellant/Accused was charge sheeted for the offences punishable under Sections 9(1) read with 10 of the POCSO Act, 2012, Section 506(i) of IPC and Section 3(1)(w)(i)(ii) of the SC/ST (POA) Amendment Ordinance Act, 2014.

(3.) The case was taken on file in Spl.SC.No.11 of 2015, by the Sessions Court, Fast Track Mahila Court, Ariyalur and necessary charges were framed. The accused had denied the charges and sought for trial. In order to bring home the charges against the accused, the Prosecution examined PW.1 to PW.18 and also marked Exs.P1 to P22 and Mo.1, chudidhar pant and tops and MO.2, Motorcycle used by the Appellant/Accused.