UDHYANITHI Vs. STATE

JUDGEMENT

(1.) The sole accused, aggrieved by the judgment passed by the Mahila Court (Fast Track Mahilla Court), Tanjore made in Spl.S.C.No.20 of 2016 dated 12.06.2017, convicting the appellant for the offense under Section 6 read with 5(m) of the POCSO Act and sentencing him to undergo life imprisonment and to pay a fine of Rs.1,000/- and in default to undergo three months simple imprisonment and to further pay a compensation of a sum of Rs.2,00,000/- (Rupees Two lakhs only), has preferred this Criminal Appeal before this Court.

(2.) The case of the prosecution is that on 05.06.2015, at about 4:00 p.m., the appellant had sexually assaulted the victim girl (P.W.2) at the back side of the house of one Gunasekaran at Rayandur Kaliyamman Koil street.The mother of the victim girl (P.W.1) was informed about this incident by the victim girl (P.W.2) and when P.W.1 attempted to question the appellant, he quickly moved out of the place. Thereafter, she went to the Police Station and the Sub Inspector of Police (P.W.14) received the complaint from P.W.1 and registered an F.I.R.(Ex.P.19) in Crime No.117 of 2015, for an offence under Section 4 of POCSO Act. The express F.I.R. was immediately sent to the learned Judicial Magistrate, Thiruvaiyaru and it was also forwarded to the Inspector of Police (P.W.16).

(3.) The Investigation Officer (P.W.16) went to the scene of crime at about 7:30 p.m. and prepared the observation mahazar (Ex.P.20) and the rough sketch (Ex.P.21). He also recovered the clothes from the victim girl under seizure mahazar and he recorded the statements of P.W.1, P.W.6, P.W.7, P.W.8 and P.W.5 under Section 161(3) of Cr.P.C.