Karthick vs State Rep.By
2022 Latest Caselaw 10861 Mad

                                                          1

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 22.06.2022

                                                        CORAM:

                                  THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN

                                                Crl.A.No.293 of 2017
                                                        and
                                               Crl.M.P.No.7004 of 2017



                     Karthick                                            .. Appellant
                                                       /versus/

                     State rep.by
                     The Inspector of Police,
                     All Women Police Station,
                     Sankari,Salem District.
                     (Crime No.1 of 2016)                      .. Respondent
                     Prayer: Criminal Appeal has been filed under Section 374(2) of
                     Criminal Procedure Code praying to set aside the order of conviction and
                     sentence passed in Special S.C.No.28 of 2016, Mahila Court, Salem,
                     dated 17.05.2017 and consequentially acquit the appellant / accused of
                     the charges.
                                   For Appellant    : Mr.S.Kaithamalaikumaran.

                                   For Respondent   : Mr. S.Udaya Kumar
                                                      Government Advocate (Crl.Side)




https://www.mhc.tn.gov.in/judis
                                                            2

                                                  JUDGMENT

This appeal is preferred against the conviction and sentence of 5

years Rigorous Imprisonment and fine of Rs.12,000/- or a default of 6 months

Simple Imprisonment for the offence punishable under Section 10 read with

Section 9(m) of POCSO Act 2012, passed in Special S.C.No.28 of 2016 , dated

17.05.2017 by Mahila Court Salem.

2. The learned Government Advocate (Criminal Side) appearing for

the respondent states that the accused has already completed the term of

imprisonment and has been discharged from prison and even on merits, the

judgment of conviction and sentence requires no interference, since the offence

under sections 9 and 10 (aggravated sexual assault on a minor child) has been

well established.

3. The evidence of the victim minor child /P.W.2 as well as her

mother P.W.1, who saw the accused running out of her house, when she

returned home from grocery shop and to whom the victim minor child aged 7

narrated the sexual assault committed by the accused, corroborated by the

medical evidence which discloses injury on the private part of the victim child.

Taking note of all these facts and the evidence adduced by the prosecution, the

judgment of the Trial Court is confirmed. https://www.mhc.tn.gov.in/judis

4. Accordingly the appeal is dismissed. Consequently connected

miscellaneous petition is closed.

22.06.2022

Index : Yes/No Speaking order/ Non speaking order

jai

To

1.The Mahila Court, Salem.

2.The Inspector of Police, All Women Police Station, Sankari,Salem District.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis

Dr.G.JAYACHANDRAN, J.

jai

Crl.A.No.293 of 2017

22.06.2022

https://www.mhc.tn.gov.in/judis