DEVADANAM Vs. STATE

JUDGEMENT

(1.) The criminal appeal arises out of judgement and conviction dated 7th April, 2016 directed by learned Special Judge (POCSO) in Special Case No. 12 of 2014 (Special Trial No. 89 of 2014) for the offence punishable under section 8 of the Protection of Child from Sexual Offence, Act 2012, Section 354, 366, 323/506 of the Indian Penal Code.

(2.) Learned counsel Mr. D.Ilango representing the convict-appellant submitted that the judgement of conviction directed by learned Special Judge upon his client should be set aside and quashed since it is illegal and based on discrepant evidence, and the appeal should be allowed for the following reasons:-

(3.) Mr. N.A. Khan, defending the State supported the judgement of conviction. Submitted that from amongst the evidence on record there were some discrepancies in the narration of the incident in the manner how it had happened. But when the evidence of the victim girl PW 2 and her mother could not be shakened in terms of the charges framed against the appellant, and, the appellant having failed to prove any inimical relationship between him and them, for which it could be guessed that some planted evidence could have been possible, the judgement of conviction and its sentence order as directed by learned Special Judge should not be interfered with. Mr. Khan basically depending upon the evidence of the victim girl coupled with the corroboration as is evident from her parents and other public witnesses concluded that the charge of kidnapping followed by sexual assault under criminal intimidation were well established beyond reasonable doubt and therefore, the appeal is liable to be dismissed by giving necessary direction upon the learned Special Judge for implementation of the sentence since the appellant has been enjoying so far the liberty of bail.