VELLAICHAMY Vs. STATE

JUDGEMENT

(1.) The sole accused has filed this Criminal Appeal against the judgment passed by the learned Principal Sessions Judge (Mahila Court), Pudukkottai District, made in Spl.S.C.No.11 of 2014, dated 29.06.2015, convicting the appellant for offence under Sections 5(i) and 5(m) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred as 'POCSO Act') and sentenced him to undergo life imprisonment and to pay a fine of Rs.5,000/- and in default to undergo one year Rigorous Imprisonment and for the offence under Section 506(i) of IPC, sentenced to undergo one year Rigorous Imprisonment and to pay a fine of Rs.2,000/- and in default, to undergo three months Rigorous Imprisonment.

(2.) The case of the prosecution is that on 30.08.2014 at about 3:00 p.m. when the victim girl was playing near her house, the appellant came to the spot and forcibly took away the victim girl to his house and thereafter, committed sexual assault. He had further threatened the victim girl not to reveal about the incident to anyone and if she reveals, she will be killed. The victim girl returned back home and she felt a lot of pain in her private part and complained about the same to her mother and at that point of time, she had stated that she fell from the cycle and sustained injury in the private part and that is why she has developed a pain in her private part. The mother (P.W.2) took the victim girl to the doctor and the doctor had given some medicines.

(3.) The next day (i.e.) on 31.08.2014, the victim girl had difficulty in passing urine and when P.W.2 insisted as to what really happened, she narrated to her mother the entire incident. Thereafter, the mother of the victim girl went to the Police Station and gave a complaint (Ex.P.1) on 01.09.2014 at about 3:30 p.m. and an F.I.R (Ex.P.8) came to be registered for the offences under Section 4 of the POCSO Act and 506(ii) of I.P.C.