M. KALIRAJ Vs. STATE

JUDGEMENT

(1.) The appellant/A-3, along with two other accused, who were arrayed as A-1 and A-2, were charged and tried before the learned Sessions Judge, Fast Track Mahila Court, Virudhunagar @ Srivilliputtur, in Spl. S.C. No.1/2016, for the offences u/s 366 IPC and Sections 7 r/w 8 and 3 r/w 4 of the Prevention of Children from Sexual Offences Act (for short 'POCSO Act') and on being found guilty, were convicted and sentenced as under :-

(2.) The facts, shorn of unnecessary details, could be summarised as under :- According to the prosecution, P.W.2, who is the victim, was aged 13 years at the time of occurrence. A-2 is a neighbour of the victim and A-1 to A-3 had committed the act of sexual assault on the victim on different occasions.

(3.) P.W.1 is the mother of P.W.2. P.W.3 is the grandmother of P.W.2. At about 5.30 p.m. on 8.10.15, P.W.1, on returning from work, found P.W.2 crying in the house. When enquired as to why P.W.2 was crying, the P.W.2 stated that since she did not oblige A-1 by going to the backyard, A-1 has scolded her using filthy words and when further enquired whether A-1 had misbehaved with her, P.W.2 stated that on 26.9.15, A-1 had indulged in sexual acts with P.W.2 and further on 13.7.14, A-2 along with A-3 had also indulged in sexual acts at the house of P.W.2 when there were no one in the house and, thereby, had committed the act of sexual assault on the victim. Therefore, immediately P.W.1 went to the Sattur All Women Police Station and lodged the complaint, Ex.P-1.