Document Fragment View

Matching Fragments

4.14. The learned Principal Sessions Judge, after analysing the oral and documentary evidence on record, convicted and sentenced the appellant as stated in Paragraph No.3 vide her judgment dated 07.09.2017.

4.15. Aggrieved over the same, the appellant has preferred the present appeal.

5. Heard Mr.Swami Subramanian, learned counsel appearing for the appellant and Mr.K.S. Mohandass, learned Public Prosecutor (Puducherry), assisted by N.Danalatchoumy, learned counsel for the respondent.

6. Mr.Swami Subramanian, learned counsel for the appellant contended that the victim child had turned hostile and had also specifically stated that she was tutored by one Sathya (P.W.3) to lodge a complaint against her step father and in the circumstances, the conviction and sentence passed by the trial court cannot be sustained. He would https://www.mhc.tn.gov.in/judis further contend that the mother of the victim child was not examined and that on 15.08.2014 itself a police complaint was preferred even as per the version of the victim child (P.W.1) and the said complaint has not seen the light of the day. It is his further submission that on 18.09.2014 the victim child had given a separate complaint Ex.P1 and the mother of the victim child had preferred a complaint Ex.D1. He therefore prayed for setting aside the conviction and sentence passed by the trial court judge.