Madras High Court
Thimmappan vs The State By The Inspector Of Police on 13 June, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.A.No.178 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.A.No.178 of 2023
Thimmappan ... Appellant
Vs.
1. The State by the Inspector of Police,
Mahendiramangalam Police Staion,
Dharmapuri District.
(Crime No.806/202)
2. Mutulakshmi
(R2 impleaded as per order dated
28.02.2023 in Crl.M.P.2952/2023
in Crl.A.No.178/2023) ... Respondents
PRAYER: Criminal Appeal filed under Section 374(2) of Cr.P.C., to
call for the entire records in connection with the Spl.S.C.No.67 of 2020
on the file of the learned Fast Track Magalir Neethimandram,
Dharmapuri, Dharmapuri District and set aside the judgment dated
29.08.2022.
For Appellant : Mr.E.Kannadasan
For Respondents
For R1 : Mr.S.Rajakumar
Additional Public Prosecutor
For R2 : No appearance
Page 1 of 10
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Crl.A.No.178 of 2023
JUDGMENT
This Criminal Appeal has been filed as against the order
dated 29.08.2022, passed by the learned Sessions Judge, Fast Track
Magalir Neethimandram, Dharmapuri, in Spl.S.C.No.67 of 2020, thereby
convicted the petitioner for the offences 450 & 506(i) of IPC and Section
5(l) r/w. 6(1) of the Protection of Children from Sexual Offences Act
(hereinafter referred to as “the POCSO Act”) and Section 3(2)(v) of the
Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 2015
(hereinafter referred to as “the SC/ST Act”).
2. The case of the prosecution is that on 03.11.2020, at about 9
am., with an intention to commit penetrative sexual assault on the victim
girl, the appellant trespassed into her house and took her to the Kitchen.
Thereafter, he had committed penetrative sexual assault on the victim
girl. He also threatened her with dire consequences if she disclosed it to
anybody. The same was continued on several occasions. The parents of
the victim girl were out of station for their occupation and utilizing the
said circumstances, the appellant had committed penetrative sexual
assault on the victim girl.
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3. On receipt of the complaint, the first respondent registered
the FIR in Crime No.806 of 2020 for the offences under Sections 449,
506(1) of IPC, Sections 3, 4(2) of the POCSO Act and Section 3(2)(v) of
the SC/ST Act. After completion of investigation, the first respondent
filed final report and the same has been taken cognizance in
Spl.S.C.No.67 of 2020 on the file of the learned Sessions Judge, Fast
Track Magalir Neethimandram, Dharmapuri.
4. In order to bring the charges to home, the prosecution had
examined P.W.1 to P.W.26 and also marked documents in Ex.P.1 to
Ex.P.22. One material objection was also marked as M.O.1. On the side
of the accused, no one was examined and no documents were marked. On
perusal of the oral and documentary evidence, the trial Court convicted
the appellant for the offences under Sections 450 & 506(i) of IPC and
Section 5(l) r/w. 6(1) of the POCSO Act and Section 3(2)(v) of the
SC/ST Act and sentenced him as follows :-
S.No. Conviction Sentence
1 Section 450 of IPC to undergo rigorous imprisonment for a
period of five years and to pay fine of
Rs.3,000/-, in default to undergo simple
imprisonment for three months.
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S.No. Conviction Sentence
2 Section 506(1) of to undergo rigorous imprisonment for a
IPC period of one year and to pay fine of
Rs.2,000/-, in default to undergo simple
imprisonment for three months.
3 Section 5(l) to undergo rigorous imprisonment for a
r/w.6(1) of POCSO period of twenty year and to pay fine of
Act Rs.10,000/-, in default to undergo simple
imprisonment for one year.
4 Section 3(2)(v) of to undergo rigorous imprisonment for a
SC/ST Act period of five years and to pay fine of
Rs.5,000/-, in default to undergo simple
imprisonment for three months.
The above sentences are ordered to run concurrently. Aggrieved by the
same, the appellant filed the present appeal.
5. The learned counsel appearing for the appellant submitted
that even according to the case of the prosecution P.W.4, P.W.5, P.W.6
and P.W.8 informed the parents of the victim girl and lodged complaint.
There was a delay in lodgment of complaint. The occurrence took place
on 03.11.2020. Whereas the complaint was lodged only on 06.11.2020.
There was absolutely no explanation for the belated complaint. The
evidence of P.W.1 was not corroborated with the doctor who examined
the victim girl. The doctor was examined as P.W.18 and she deposed that
there was no injury on the private part, breast and other part of her body.
However, her hymen was not intact and it was happened due to some
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other reasons. Therefore, the prosecution failed to prove the offence
under Section 5(l) r/w 6(1) of the POCSO Act.
5.1. Insofar as the SC/ST Act is concerned, even as per the
prosecution, the appellant never abused the victim by using her caste
name. Therefore, the offence under Section SC/ST Act is not at all
attracted against the appellant. Even assuming that the case of the
prosecution is true, the appellant had made an attempt as such the offence
punishable under Section 5(l) r/w 6(1) of the POCSO Act and other
offences are not at all attracted as against the appellant.
6. Per contra, the learned Additional Public Prosecutor
appearing for the respondent/State raised serious objection and contended
that the evidences recorded from the prosecution witnesses would prove
the case of the prosecution beyond reasonable doubt. According to him,
interference of this Court is not necessary in the findings arrived at by the
trial Court.
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7. Heard the learned counsel appearing for the petitioner and
perused the materials placed before this Court.
8. On perusal of the records, it is revealed that on 03.11.2020 at
about 9.00 p.m., while the victim girl was sleeping along with her
younger sisters and brothers, the appellant trespassed into her house and
after providing briyani to them, the appellant had taken the victim girl to
Kitchen. Thereafter, he had committed penetrative sexual assault on the
victim girl. It was seen by the prosecution witness P.W. 4, P.W.5, P.W.6
and P.W.8, who are neighbors. Though they did not support the case of
the prosecution, the victim evidence is as follows :-
@vd; mk;kh mg;gh vd;dplk; VjhtJ ngr
ntz;Lk; vd;why; jpk;kg;gd; nghd; K:yk; jhd;
ngRthh;fs;/ jpk;kg;gd; nghid
vLj;Jbfhz;Lte;J bfhLg;ghh;/ ehd; xU
tUlj;jpw;F Kd;g[ taRf;F te;njd;/ jpk;kg;gd;
iel; 09/30 kzpf;F te;J vd; mk;kh nghd;
ngRfpwhh;fs; vd;W bfhz;Lte;J bfhLg;ghh;/
mg;nghJ jpk;kg;gd; nghijapy; ,Ug;ghh;/
vdf;F rpf;fd; iu!; th';fpbfhz;L te;J
bfhLg;ghh;/ mij ehd; vd; jk;gp. j';iffs;
rhg;gpLnthk;/ mjd;gpwF eh';fs; vy;nyhUk;
J}';fptpLnthk;/ jpk;kg;gd; vg;go tUthh; vd;W
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bjhpahJ/ Mdhy; te;J thapy; Jzpia fl;o
vd;id fpr;rDf;F Tl;ongha;tpLthh;/
fpr;rDf;F Tl;o ngha;tpLthh;/ fpr;rDf;F
Tl;ongha; ehd; nghl;oUf;Fk; iel;oia
J}f;fptpl;L vd; $l;oia mt[j;JtpLthh;/
jpk;kg;gd; mtuJ Frpia vLj;J ehd;
bu!;l;U:k; nghu ,lj;jpy tr;R tr;R vLg;ghh;/
,Jnghy;; xU thuk; bra;jhh;/ ,e;j jftiy
vd; mk;kh. mg;ghtplk; brhd;dhy; fj;jpia
itj;J fGj;ij mWj;JtpLntd; vd;W
brhd;dhh;/ 03/11/2020k; njjp iel; 09/30
kzpf;F gf;fj;JtPl;Lfhu';f jpk;kg;gd; jpdKk;
tUtij fjt[ tHpahf te;J ghh;j;jhh;fs;/@
Thus it is clear that the appellant had committed penetrative sexual
assault on the victim girl.
9. Further the doctor who treated the victim girl was examined
as P.W.18. She deposed as follows :-
@fle;j 03/11/2020k; njjp ,ut[ 09/30
kzpf;F jd;Dila tPl;oy; jd;
rnfhjphpfSld; cw';fpbfhz;oUe;j nghJ
mtuJ gf;fj;J tPl;Lfhuuhd 38 taJila
jpk;kg;gd; vd;gth; jd;Dila tPl;ow;F te;J
jd;id rikay; miwf;F J}f;fpbrd;W
rpWkpapd; thapy; Jzpia itj;J milj;J
khh;g[ kw;Wk; cly; KGtJk; bjhl;L
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Kj;jkpl;ljhft[k;. rpWkpapd; cs;shilia
fHw;wp mtuJ Mz;Fwpia rpWkpapd;
gpwg;g[Wg;gpy; itj;jjhft[k;. gpd;dh; m';fpUe;J
Xotpl;ljhf Twpdhh;/ nkw;go rpWkpia
ghpnrhjid bra;jjpy; cly;. ,U bjhilfs;.
khh;g[ kw;Wk; gpwg;g[Wg;gpd; btspgFjpapy; foj;j
fhaKk;. ef fPunyh. rpuha;g;g[ fhaKk;
fhzg;gltpy;iy/ mtuJ gpwg;g[Wg;gpy;
ghpnrhjid bra;jjpy; fd;dpjpiu
nrjkile;jpUe;jJ/ gpwg;g[Wg;gpy; xU tpuy;
EiHaToa mstpw;F ,Ue;jJ/ nkw;go
rpWkpapd; gpwg;g[Wg;g[ jlty; nrfhpj;J jla
mwptpay; Ma;tfj;jpw;F mDg;gpitj;njd;/
jla mwptpay; Ma;tfj;jpy; ,Ue;J fpilj;j
Ma;twpf;ifapd; go nkw;go rpWkpapd;
gpwg;g[Wg;gpy; tpe;jQqf;fs; vJt[k;
fhzg;gltpy;iy vd;W mwpf;if bgwg;gl;lJ/
nkw;go rpWkpapd; fd;dpjpiu
nrjkile;jpUe;jJ/ rpWkpapd; cly; KGtJk;
vt;tpj foj;j fhankh. effPunyh. rpuha;g;g[
fhankh fhzg;gltpy;iy vd;Wk;. gpwg;g[Wg;gpy;
tpe;jQqf;fs; vJt[k; fhzg;gltpy;iy vd;Wk;.
kUj;Jt ghpnrhjid mwpf;if tH';fpndd;/
tpgj;J gjpntL efy; m/j/rh/M/13/ tpLtpg;g[
rhd;W m/j/rh/M/14/ jla mwptpay; Ma;tf
mwpf;if m/j/rh/M/15/ kUj;Jt ghpnrhjid
mwpf;if m/j/rh/M/16/ nghyPrhh; vd;id
tprhhpj;jhh;fs;@
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Thus it is clear that the evidence of P.W.18 is clearly corroborated with
the evidence of P.W.1. Though the doctor did not find any injury on her
private part as well as on her body, her hymen was not intact. Hence, the
prosecution proved the charges beyond any doubt and the trial Court
rightly convicted the appellant and this Court finds no infirmity or
illegality in the order passed by the trial Court. Hence, the appeal fails
and it is liable to be dismissed.
10. Accordingly, the Criminal Appeal stands dismissed.
13.06.2025
Index : Yes/No
Neutral citation : Yes/No
Speaking/non-speaking order
rts
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G.K.ILANTHIRAIYAN, J.
rts
To
1. The Sessions Judge,
Fast Track Magalir Neethimandram,
Dharmapuri.
2. The Inspector of Police,
Mahendiramangalam Police Staion,
Dharmapuri District.
3. The Public Prosecutor,
Madras High Court,
Chennai.
13.06.2025
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