PATHAMUTHU Vs. STATE

JUDGEMENT

(1.) The sole accused in S.C.No.10 of 2008, on the file of the Court of Sessions Judge, Fast Track Mahalir Court, Virudhunagar District at Srivilliputhur, is the appellant. The appellant/accused stood charged and tried for the commission of the offences under Sections 376 r/w 511 I.P.C. and Section 4 of the Protection of Child from Sexual Offences Act, 2012 (POCSO Act).

(2.) The trial Court, vide impugned judgment dated 17.12.2015, has found him guilty for the commission of offences under Sections 376 r/w 511 I.P.C., and imposed him with the sentence to undergo life imprisonment and to pay a fine of Rs.25,000/-, in default to undergo one year simple imprisonment. The trial Court acquitted the appellant/accused for the commission of offence under Section 4 of the Protection of Child from Sexual Offences Act, 2012 and the appellant/accused, aggrieved by the said conviction and sentence awarded by the trial Court, has filed this Criminal Appeal. The State did not prefer any Criminal Appeal for acquittal of the appellant/accused under Section 4 of the Protection of Child from Sexual Offences Act, 2012.

(3.) The facts leading to the present appeal, relevant for the purpose of disposal, briefly narrated, are as follows: