Document Fragment View

Matching Fragments

Appellant, arrayed as A-3 in the Charge Sheet, was tried separately in Spl.SC.No.9/2017 on the file of the Court of the learned Additional Sessions Judge, Mahalir Neethimandram, Fast Track Court, Erode, for offences u/s.366 IPC and section 6 of the Protection of Children from Sexual Offences Act, 2012 [in short POCSO Act] read with section 506[ii] IPC. The Trial Court, under impugned Judgment dated 23.06.2017, acquitted the https://www.mhc.tn.gov.in/judis appellant/accused of the sections u/s.366 and 506[ii] IPC and found him guilty of offence u/s.4 of POCSO Act, 2012 and sentenced him imprisonment for life and a fine of Rs.5,000/-, with a default sentence of 2 years simple imprisonment. Aggrieved over the said conviction and sentence, the present appeal came to be filed by the appellant/accused.

[q] P.W.22, the Investigating Officer, in continuation of her investigation, examined the witnesses ; recorded their statements ; collected various documents relating to the case including the Medical Reports and on completion of investigation, filed the Final Report u/s.366 and 506[ii] IPC and section 4 of POCSO Act against Sembulingam and the appellant/accused and u/s.366 and 506[ii] IPC and section 6 of POCSO Act against Murugesan @ Murugan and Vijayakumar, before the Trial Court. 

                                        Sembulingam               -     Special S.C.No.5 of 2017
                                        Murugesan @ Murugan       -     Special S.C.No.8 of 2017
                                        Sivakumar @ Ramesh        -     Special S.C.No.9 of 2017
Vijayakumar (Appellant herein)- Special S.C.No.10 of 2017

4.1. The trial Court framed charges u/s.366 IPC (2 counts) in respect of the alleged incident on 29.05.2016 and 30.05.2016; Section 6 of the POCSO Act and Section 506(II) IPC for intimidating “X”. When questioned, the appellant pleaded “not guilty”.

4.3. After considering the evidence on record and hearing either side, the trial Court, by judgment and order dated 23.06.2017, acquitted the appellant of the offence u/s.366 IPC, but convicted him of the offence u/s.4 of the POCSO Act and section 506(II) IPC and sentenced him as under : 

                                      Provision                            Sentence
                                        under
                                        which
                                      convicted
                                      Section 4                Life imprisonment and fine of
                                      of POCSO                 Rs.5,000/-, in default, to
                                      Act                      undergo two years simple
                                                               imprisonment.
                                      Section                  Seven      years    rigorous
                                      506(ii) IPC              imprisonment and fine of
                                                               Rs.5,000/-, in default, to
                                                               undergo two years simple
                                                               imprisonment.