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Nanjappan vs State Represented By
2024 Latest Caselaw 19372 Mad

Citation : 2024 Latest Caselaw 19372 Mad
Judgement Date : 17 October, 2024

Madras High Court

Nanjappan vs State Represented By on 17 October, 2024

Author: M.S.Ramesh

Bench: M.S. Ramesh

    2024:MHC:3569


                                                                                  Crl.A.No.340 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                          Reserved on                30.08.2024
                                        Pronounced on                17.10.2024

                                                        CORAM :

                                   THE HONOURABLE MR. JUSTICE M.S. RAMESH
                                                   AND
                                  THE HONOURABLE MR. JUSTICE C.KUMARAPPAN

                                                  Crl.A.No.340 of 2021
                                                          and
                                                Crl.M.P.No.10101 of 2024

                     Nanjappan                                            ...Appellant

                                                           Vs.

                     State represented by
                     Inspector of Police,
                     All Women Police Station,
                     Perur, Coimbatore District.
                     (Crime No.09/2018)                                   ...Respondent

                     Prayer: Criminal Appeal filed under Section 374 of the Criminal
                     Procedure Code to call for the records and set aside the judgment and
                     conviction dated 30.03.2021 made in Special Calender Case No.35 of
                     2019 on the file of the Special Court for Exclusive Trial of Cases under
                     POCSO Act, Coimbatore and acquit the appellant from charge.

                                      For Appellant     : Mr.K.Prahalad Bhan

                                      For Respondent    : Mr.A.Gokulakrishnan,
                                                          Additional Public Prosecutor


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

                     Page 1 of 24
                                                                                    Crl.A.No.340 of 2021

                                                        JUDGMENT

M.S.RAMESH, J.

The charge against the appellant/accused is that on 06.03.2018 at

about 08.30 P.M., he had sexually assaulted a 4½ years child by inserting

his finger into her vagina and thereby committed the offence punishable

under Section 5(m) read with Section 6 of the Protection of Children

from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act').

Subsequently, on 07.03.2018, when the child's mother had questioned the

accused, he threatened her stating that if she gives any police complaint,

he would kill her husband and therefore, he was also charged of having

committed the offence under Section 506(i) of the Indian Penal Code

(IPC). The Special Court for Exclusive Trial of Cases under POCSO Act,

Coimbatore, on the strength of oral and documentary evidences before it,

had found the accused guilty of having committed the offences and

thereby convicted and sentenced him to undergo imprisonment for the

remainder of his natural life and to pay a fine of Rs.55,000/-, in default of

payment to undergo one year rigorous imprisonment for the offence

under Section 5(m) read with Section 6 of the POCSO Act, as well as to

undergo two years rigorous imprisonment and to pay a fine of Rs.1,000/-,

in default of which to undergo six months rigorous imprisonment under https://www.mhc.tn.gov.in/judis

Section 506(i) IPC, through its judgment passed in Special Calender Case

No.35 of 2019 dated 30.03.2021. The judgment of the Trial Court is

assailed in the present appeal.

2. For the sake of convenience, the parties in the appeal are

addressed according to their ranks in the trial Court.

3. The case of the prosecution in brief is that the accused is a Tailor

by profession and that the victim is the adopted child of P.W.1 and P.W.3.

On 06.03.2018, when the victim child was playing in her neighbour Ayya

@ Pattappan's house, the accused had come there and committed sexual

assault by inserting his finger into her vagina. Thereafter, the child had

come home and informed her mother. When her mother had examined

her vagina, she found it to be swollen and red in colour. She then

informed her husband when he came home in the night. In continuation

of this incident, the next day, when she had questioned the accused, he

threatened her that he would kill her husband. Fearing that the accused

might cause some harm to them, she had not reported to the Police. She

had then taken the child to Roopa Hospital. They had thereafter given a

complaint to the Police narrating the occurrence, which was registered in

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Crime No.9 of 2018 dated 16.03.2018.

4. On completion of the investigation, the respondent police had

filed the final report, charging the accused of having committed the

offence under Section 5(m) read with Section 6 of the Act and 506(i) IPC.

The Trial Court had furnished the copies of the relevant documents

relating to the charges under Section 207 Cr.P.C. and thereafter framed

charges under Section 5(m) read with Section 6 of the POCSO Act and

506(i) IPC against the accused.

5. In order to substantiate the charges levelled against the accused,

13 witnesses P.W.1 to P.W.13 were examined, 12 documents Exs.P1 to

P12 were marked on the prosecution side. The defence had examined 3

witnesses, D.W.1 to D.W.3 and marked 3 documents, Exs.D1 to D3 on

their side.

6. To establish the case of the prosecution, the following witnesses

were examined:-

6.1. Banumathi (P.W.1) and Sridhar (P.W.3) are the mother and

father of the victim child (P.W.2) respectively. As per their statements, the

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victim child was born on 13.11.2013 and they had legally adopted her

when she was three months old. Both of them speak about the sexual

assault committed by the accused on their child. P.W.1 and P.W.3 state

about the incident, as narrated by their daughter. After the occurrence was

revealed to the Child Help Line Centre, the child was produced before the

Judicial Magistrate, who had recorded her statement under Section 164

Cr.P.C. The prosecution had marked the complaint given by P.W.1 to the

Police as Ex.P.1, the birth certificate of the victim child as Ex.P.2 and the

statement made by the victim child before the Judicial Magistrate under

Section 164 Cr.P.C. as Ex.P.3, through P.W.1.

6.2. P.W.2 is the victim child, who was aged about 4½ years at the

time of the incident. According to her statement, the neighbour Tailor had

taken her to Pattan Thatha's house by telling her that he would give her

Marudhani. Therein, he laid her on the bed and after removing her panty,

he had inserted his finger inside her vagina. She then states that she bit

his hand and ran away from that place. After reaching home, she went to

sleep and when she woke up, she informed her mother, when she

developed pain in her vagina.

6.3. Anjaline (P.W.5) and Umadevi (P.W.8) are the Counsellor and

Co-ordinator of the Child Help Line Centre. As per their statements,

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when they had received a secret information on 16.03.2018, they went to

the house of P.W.1 and P.W.3 and conducted an inquiry. They then took

the victim child to the Child Welfare Committee and on their advice,

P.W.1 had given a complaint to the Police.

6.4. Gandhi (P.W.7) is the landlord of P.W.1 and P.W.3. According

to him, he had identified the accused, who was present in the Court and

stated that his name was Nanjappan and that he was also known as

'Chinnasamy', as well as 'Tailor'.

6.5. Dr.Saravanapriya (P.W.10), who had examined the victim child

on 26.10.2018, had noticed that the victim child's hymen was ruptured

and that there was no sign of recent sexual assault. The medical

certificate of the victim child was marked as Ex.P.6 and the Medical

Memo issued by the Police was marked as Ex.P.7 through P.W.10.

6.6. Tmt.Sharmila, Additional Mahila Court Judge, who had

recorded the statement of the victim child under Section 164 Cr.P.C.

(Ex.P.8), was examined as P.W.11.

6.7. Amutha (P.W.12) is the Inspector of Police, who conducted the

investigation. As per her statement, on recording of the FIR (Ex.P.9), she

had prepared the rough sketch (Ex.P.10). Thereafter, when she was of the

opinion that the offence of aggravated penetrative sexual assault was

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

committed, she had altered the offences through an alteration report

(Ex.P.11) for the offence under Section 5(m) read with Section 6 of the

POCSO Act and Section 506(i) IPC.

6.8. Dr.Sasikumar (P.W.13) is the Doctor, who had subsequently

given treatment to the victim child on 19.03.2018 for chest congestion

and at that point of time, the incident of sexual assault made 13 days

before, was revealed to him, which incident was recorded by him in the

treatment case sheet (Ex.P.12).

7. On completion of the trial and when the incriminating

circumstances found in the evidences of the prosecution witnesses were

put forth to the accused under Section 313(1)(b) Cr.P.C., he denied the

same claiming that it was a false case and that he intended to examine his

own witnesses.

8. On the side of the defence, the accused had examined his

daughter Saranyadevi (D.W.1), his brother Ayyasamy (D.W.3) and one

Perumalsamy (D.W.2), who hails from his Village, who all testified that

the accused was an Agriculturist by avocation and not a Tailor and that

there was previous enmity between the complainants' family and the

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accused.

9. On the strength of the evidences before it, the Trial Court had

found the accused guilty of having committed the offence of aggravated

penetrative sexual assault, as well as criminal intimidation and thereby

convicted and sentenced him to undergo imprisonment, as stated above.

10. The learned counsel appearing for the accused submitted that

this is a case of wrong identity of the accused. According to him, the

child had not mentioned the name of the accused, but referred to him only

as a Tailor. On the strength of the evidences adduced on his side, he

would submit that the accused was only an Agriculturist by avocation and

not a Tailor and therefore, the prosecution had wrongly proceeded against

him. He further submitted that there was an inordinate delay of 10 days in

giving the complaint. Though the occurrence had taken place on

06.03.2018, the complaint came to be given only on 16.03.2018, which

delay on the very first information is fatal. He also submitted that the

child was subjected to medical examination after 13 days from the

incident. Hence, the entire delay creates a suspicion with regard to the

allegation of sexual assault and creates doubts on the medical evidences

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itself. He further added that the witnesses have given different

explanation touching upon these delays and in view of these

contradictions, the prosecution's case itself is to be disbelieved. By

referring to the pre-existing enmity between the families, as spoken to by

the defence witnesses, he submitted that the presumption under Section

30 is dangerous and the possibility of foisting a false case against the

accused cannot be ruled out.

11. On the other hand, the learned Additional Public Prosecutor

placed reliance on Section 30 of the POCSO Act with regard to the

existence of the culpable mental state on the part of the accused and

submitted that since the child was 4½ years on the date of occurrence, the

accused is deemed to have committed the offence intentionally. He

further pointed out to the evidence let in by the victim child before the

learned Additional District Judge under Section 164 C.rP.C., as well as

her testimony during the course of trial. From the evidences of the child,

he would submit that the child had cogently spoken about the incident

both in her 164 Cr.P.C. statement (Ex.P.3), as well as in her oral

testimony. With regard to the identity of the accused, the learned

Additional Public Prosecutor referred to the evidence of P.W.7, who

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states that the accused, who was present in the Court, is also referred to as

a Tailor. Likewise, he also pointed out to the evidence of P.W.1, who

clarifies that the accused was also known as a Tailor. Thus, he would state

that, merely because the child has not referred the name of the accused, it

would not absolve him from the charges.

12. We have given our careful consideration to the submissions

made by the respective counsels and have perused the original records

available.

13. The mother of the child has been examined as P.W.1 and

through her, the child's birth certificate (Ex.P.2) was marked, which

evidences that the child was born on 13.11.2013. Ex.P.5 is the Adoption

Deed, through which P.W.1 and P.W.3 had adopted the child (P.W.2) as

their own daughter. Ex.P.5 also establishes that the child was born on

13.11.2013. The Doctors (P.W.10 and P.W.13), who had examined the

child, also refer to her age as 4½ years, at the time of occurrence. The

defence could neither rebut the sanctity of Ex.P.2 and Ex.P.5, nor could

discredit the oral testimonies of P.W.1, P.W.3, P.W.10 and P.W.13,

touching upon the age of the child. On a cumulative appreciation of all

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these evidences, it can be safely held that, as on the date of the

occurrence, the child, since born on 13.11.2013, was aged about 4½

years.

14. The learned counsel appearing for the accused made a

submission that this is a case of wrong identity of the accused, since the

child has not mentioned his name, but referred to one Tailor and since the

accused was only an Agriculturist by avocation and not a Tailor, he has

been wrongly implicated in this case. According to the oral testimony of

P.W.1, the accused is a next door neighbour and after identifying him in

the Court, she stated that the accused was also referred to as a Tailor.

P.W.7 is the landlord of P.W.1 and P.W.3, who in his oral testimony, had

clarified, both during chief and cross examinations, that the accused is

also referred to as a Tailor. His oral testimonies before the Trial Court

read as follows:-

“Kjy; tprhuiz?

                                            vdf;F    bfhz;lak;ghisak;           brhe;j
                                     Ch;/    fuothtp        vd;w     Chpy;     jw;nghJ
                                     FoapUf;fpnwd;/ ghDkjp. _jud; Mfpnahh;
                                     2        tUlkhf               v';fs;           tPl;oy;
                                     FoapUf;fpwhh;fs;/         mth;fs;         4.         5
                                     tUlj;jpw;F     Kd;g[   xU     bgz;      FHe;ijia
https://www.mhc.tn.gov.in/judis




                                     vLj;J          tsh;j;J          tUfpwhh;fs;/        tPl;oy;
                                     FoapUg;gthpd; Fhe;ijia bla;yh; jg;ghf
                                     ele;J      bfhz;ljhf            nfs;tpg;gl;nld;/        M$h;
                                     vjphp     jhd;       me;j       bla;yh;    mth;         bgah;
                                     e";rg;gd;/ rpd;drhkp vd;Wk; Tg;gpLthh;fs;/
                                     FWf;F tprhuiz?
                                             ehd;     fle;j      4     tUlkhf          fuothtp
                                     fpuhkj;jpy;          FoapUf;fpnwd;/              ehd;        4

                                     khjj;jpw;F                       xU                     Kiw
                                     bfhz;lak;ghisaj;jpw;F                 nghntd;/     bla;yh;
                                     bgah;      rpd;drhkp/           M$h;       vjphp        jhd;
                                     rpd;drhkp/ v';fs; Chpy; bts;sp';fphp vd;w
                                     xU        bla;yh;      ,Uf;fpwhh;/          bts;sp';fphp
                                     bla;yh;        fil     bkapd;         nuhl;oy;     cs;sJ/
                                     ehd;     nfhtpy;      tpnrrj;jpw;F         nghd         nghJ
                                     nfs;tpg;gl;nld;/       ahh;      brhd;dhh;fs;           vd;W
                                     bjhpahJ/”
                                                                     (Emphasis supplied by us)



15. The victim child was examined as P.W.2. In her oral testimony

before the Trial Court, she has categorically stated that the next door

Tailor had sexually assaulted her. In her statement made under Section

164 Cr.P.C. (Ex.P.3) also, she narrates the same incident and refers to the

aggressor as Nanjappan, which is the real name of the accused. In the

light of these evidences, it stands clarified that the reference made by the https://www.mhc.tn.gov.in/judis

child to the aggressor as a Tailor, would only refer to the accused and

hence, it cannot be said to be a case of mistaken identity.

16. The learned counsel for the accused raised a further ground

stating that there was an inordinate delay in making the complaint.

According to the prosecution, the occurrence had taken place on

06.03.2018 at 07.00 P.M. in the house of one Pattan, which is next to the

victim's house. After the occurrence, P.W.1 would state that the child had

dinner and went to sleep. Thereafter, at about 11.30 P.M., she woke up

crying and got down and passed urine there itself. Subsequently, P.W.3

would state that he had come home around 10.00 to 10.30 P.M., after

finishing his work and when he found that the child had passed urine, he

had enquired her, at which point of time, the child had narrated the sexual

assault by the accused. Thereafter, P.W.1 claims to have given a

complaint to the Police, which was not taken up and that she then took

the help of the Village Headmen and approached the Child Help Line

Centre, through whom, she had later given the complaint. P.W.3 would

state that on the next day i.e., on 07.03.2018, he had taken his child to

Roopa Hospital, where the child was given first aid treatment. Thereafter,

the Child Help Line Centre had received the information about the

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

incident and had inquired him. In this background, P.W.1 had given a

complaint on 16.03.2018.

17. P.W.5 is the Child Help Line Counsellor and P.W.8 is its Co-

ordinator. As per the version of these two witnesses, on 16.03.2018, the

Child Help Line Centre had received a secret information about the

sexual assault on the child and accordingly, they conducted an inquiry

with the parents, as well as the child. After this they had produced the

child before the Child Welfare Committee and thereafter advised the

parents to file a complaint. In this background, the complaint (Ex.P.1)

was made on 16.03.2018 at All Women Police Station, Perur,

Coimbatore. In the complaint (Ex.P.1), P.W.1 would state that after the

incident occurred on 06.03.2018, she had seen the accused on the next

day at 06.00 A.M. When she confronted him about the earlier day's

incident, he threatened to kill her husband if she makes any Police

complaint. In view of the threat, she claims to have kept silent. However,

the Child Help Line Centre had somehow received the information about

the sexual assault on the child on 14.03.2018. They had, after making

inquiry with them, produced the child before the Child Welfare

Committee. In this background, they had advised P.W.1 to give a Police

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

complaint, which was made on 16.03.2018.

18. On an overall appraisal of the statements of P.W.1, P.W.3, P.W.5

and P.W.8, there appears to be some plausible explanation as to the delay

in giving a complaint to the concerned Police Station. There are, however,

certain minor contradictions. With regard to the claim of P.W.1 and P.W.3

that they had taken the victim child to Roopa Hospital on 07.03.2018 is

concerned, it is not supported by any evidence. Hence, their claim that the

child was taken on that particular day to the Hospital, cannot be

considered as a proved fact.

19. Though P.W.1 claims that she attempted to give a complaint on

07.03.2018 at the jurisdictional Police Station, the complaint was not

taken as the Inspector of Police was unavailable at that point of time.

Thereafter, it is not known as to why P.W.3 did not give any complaint till

16.03.2018. However, the evidences of P.W.5 and P.W.8 would clearly

establish that the Child Help Line Centre had received an information

about the sexual assault on the victim child, pursuant to which they had

come to the house of the victim child and made inquiries. Accordingly,

the child was produced before the Child Welfare Committee and on their

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advise, P.W.1 had given a written complaint (Ex.P.1) on 16.03.2018.

20. It is a settled proposition of law that merely because there is

some delay in making the complaint, the prosecution's case need not be

disbelieved, whenever there is satisfactory explanation. In the case of

Sekaran Vs. State of Tamil Nadu reported in (2024) 2 SCC 176, the

Hon'ble Supreme Court had held that, in cases where delay occurs, it has

to be tested anvil of other attending circumstances. If on an overall

consideration of all relevant circumstances it appears to the Court that

delay in lodging the FIR has been explained, mere delay cannot be

sufficient to disbelieve the prosecution's case. However, if the delay is not

satisfactorily explained and it appears to the Court that the cause for the

delay had been necessitated to frame the accused, then such a delay

would form a part of several factors to vitiate the conviction. In the

instant case, the delay requires to be looked into among the other

attending circumstances, for which purpose, we shall look into the

evidences touching upon the commission of offence.

21. P.W.2 is the victim child, who speaks about the sexual assault

committed on her by the accused. When she was produced before P.W.11

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and her statement was recorded under Section 164 Cr.P.C., she had

narrated the incident as follows:

                                            “e";rg;gd;       6k;       njjp      kUjhzp
                                     jUfpnwd;       vd;W     brhy;yp       vd;id      ma;ah
                                     tPl;ow;F    miHj;Jr;          brd;W      ma;ah    tPl;L
                                     fl;oypy;    gLf;f      $l;oia      fHw;wp bghr;ir
                                     (bgz;dqWg;g[)           ,uz;L              tpuy;fshy;
                                     nehz;odhh;/         ehd;       typf;fpwJ          vd;W
                                     fj;jpndd;        vd;       thia       if      itj;J
                                     K:odhh;/        ehd;          e";rg;gh           ifia
                                     foj;Jtpl;L tPl;ow;F Xo ngha;tpl;nld;/”



22. During the time of trial, she had, in a cogent manner,

corroborated her statement made under Section 164 Cr.P.C. without any

contradiction. A perusal of the evidences of P.W.1 and P.W.3 also reveal

the narration of facts of the incident by the victim to them, which was in a

like manner, without contradictions. Though P.W.2 was cross examined

during trial, the defence could not discredit her statements in any manner,

with regard to the manner in which the sexual assault had taken place.

23. P.W.10 is the Doctor to whom the Police had referred the victim

child for medical examination. According to P.W.10, she examined the

victim child on 26.10.2018 and issued the medical certificate (Ex.P.6). As https://www.mhc.tn.gov.in/judis

per her version, there was a old healed hymen tear at 6”O clock position.

24. P.W.13 is another Doctor, who had treated the victim child for

chest congestion on 19.03.2018. When the child was produced before the

Doctor, he was informed about the sexual assault on the child about 13

days back. The victim was then examined by a female Doctor in his

presence and had found her vagina to be swollen.

25. On an overall consideration of the statements made by the

victim child, both under Section 164 Cr.P.C., as well as during the course

of trial read with the oral testimonies of P.W.1 and P.W.3, to whom the

victim had narrated the incident in addition to the statements made by the

Doctors (P.W.10 and P.W.13), the fact that the accused had sexually

assaulted the victim child on 06.03.2018 by penetrating his finger into her

vagina, stands established, beyond reasonable doubts.

26. When the commission of offence itself has been fully

established, which is the important circumstance to prove the culpability

of the accused, the non-explanation of the delay in making the complaint

may not be fatal and it cannot be said that owing to the delay, the accused

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had been foisted into the case.

27. The Trial Court had appreciated all the evidences against the

accused with regard to the occurrence and had rightly found him to be

guilty of the offence under Section 5(m) read with Section 6 of the

POCSO Act.

28. However, insofar as the offence under Section 506(i) IPC is

concerned, though P.W.1 had stated in her complaint (Ex.P.1) that on

07.03.2018 at about 06.00 A.M., when she had confronted the accused

about the occurrence, she claims that the accused had threatened to kill

her husband if she gives a police complaint. However, during the course

of trial, she had not made any reference of such criminal intimidation by

the accused. No other witnesses speak about this intimidation on the part

of the accused. In the absence of any other evidence, it requires to be held

that the charge against the accused for the offence under Section 506(i)

IPC has not been established and thus, the accused is entitled to be

acquitted for this charge.

29. The consequential issue that arises for consideration is as to

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whether the trial Court was justified in imposing the maximum

punishment of imprisonment for life for the reminder of his natural life?

30. In the case of Alister Anthony Pareira Vs. State of

Maharashtra reported in (2012) 2 SCC 648, as well as in several other

decisions of the Hon'ble Supreme Court, it has been held that imposition

of sentence should commensurate with the nature and gravity of the

crime, which shall depend on the facts and circumstances of each case.

The relevant portion reads as follows:-

“84. Sentencing is an important task in the matters of crime. One of the prime objectives of the criminal law is imposition of appropriate, adequate, just and proportionate sentence commensurate with the nature and gravity of crime and the manner in which the crime is done. There is no straitjacket formula for sentencing an accused on proof of crime. The courts have evolved certain principles: the twin objective of the sentencing policy is deterrence and correction. What sentence would meet the ends of justice depends on the facts and circumstances of each case and the court must keep in mind the gravity of the crime, motive for the crime, nature of the offence and all other attendant circumstances.”

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31. In the instant case, though we find that the evidence of the

victim child cannot be disbelieved, there are certain circumstances which

may be relevant for the purpose of interfering with the sentence imposed

by the trial Court. According to P.W.1 and P.W.3, both of them claim to

have taken the child to Roopa Hospital on 07.03.2018. However, the

prosecution has neither examined the Doctor of Roopa Hospital who

treated the victim nor any medical evidence touching upon such treatment

was produced before this Court. Had the prosecution established this

material fact before this Court, the proximity between the occurrence and

the injuries of sexual assault on the child could have been more explicit.

32. Had the prosecution let in evidence with regard to the first aid

rendered to the child at Roopa Hospital, the accused may have had the

benefit of placing reliance on such medical evidence and could have

sought for modification of the charge offence into such other offence of a

lesser gravity. Though the failure on the part of the prosecution to

substantiate the first medical treatment at Roopa Hospital has not been

substantiated, it will not absolve the accused from his culpability to the

crime for the offence under Section 5(m) read with Section 6 of the

POCSO Act, in view of our findings in the preceding portions of this

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judgment. However, these factors would certainly be relevant to interfere

with the sentence awarded by the trial Court. In this background, the

maximum sentence of life imprisonment awarded to the appellant could

be reduced.

33. Section 6 of the POCSO Act came to be amended through Act

25 of 2019, with effect from 16.08.2019, by increasing the minimum

punishment from 10 years to 20 years. The occurrence in the present case

was on 06.03.2018, which is prior to the amendment. In these given

circumstances, we are of the view that the punishment awarded by the

trial Court, for the offence under Section 5(m) read with Section 6 of the

POCSO Act, could be reduced to the minimum sentence of 10 years, as

provided in the pre-amended provision of Section 6.

34. For all the foregoing reasons, the judgment of the trial Court,

insofar as holding the appellant guilty of having committed the offence

under Section 506(i) IPC, is set aside and he is acquitted from the said

charge. Insofar as the charge under Section 5(m) read with Section 6 of

the POCSO Act is concerned, the judgment of the trial Court holding him

guilty of having committed this offence is upheld. However, the sentence

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

of life imprisonment imposed on him, stands modified and reduced to 10

years. The fine amount of Rs.55,000/-, in default of payment to undergo

one year rigorous imprisonment, stands confirmed. The period of

imprisonment already undergone by the appellant shall be set off as per

Section 428 Cr.P.C. Accordingly, the Criminal Appeal stands Partly

Allowed. Consequently, connected miscellaneous petition is closed.

                                                                [M.S.R., J]       [C.K., J]
                                                                         17.10.2024
                     Index:Yes
                     Neutral Citation:Yes
                     Speaking order
                     hvk
                     Note: Issue order copy on 17.10.2024




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




                                                                        M.S.RAMESH, J.
                                                                                  and
                                                                     C.KUMARAPPAN, J.

                                                                                           hvk
                     To

                     1.The Sessions Judge,
                       Special Court for Exclusive Trial of Cases
                           under POCSO Act,
                       Coimbatore.

                     2.The Superintendent of Prisons,
                       Central Prison, Coimbatore.

                     3.The Inspector of Police,
                       All Women Police Station,
                       Perur, Coimbatore District.

                     4.The Public Prosecutor,
                       High Court of Madras.
                                                             Pre-delivery judgment made in





                                                                                 17.10.2024


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


 
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