Madras High Court
Prabhu vs The Inspector Of Police on 26 June, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.A.No.649 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 26.06.2025
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.A.No.649 of 2025
and Crl.M.P.No.11377 of 2025
Prabhu
S/o. Velu
Vanniyapudhur,
Vaniyampadi Taluk,
Vellore District. ..... Appellant / Accused
Vs
The Inspector of Police,
V.Kalathur Police Station,
Perambalur District.
(Crime No.247 of 2015) ..... Respondent
Prayer: Criminal Appeal filed under Section 415(2) of Bharatiya Nagarik
Suraksha Sanhita, 2023, to set aside the conviction and sentence imposed on
the appellant pertaining to the judgment in Spl.S.C.No.31 of 2018 on the file of
the Sessions Judge, Mahila Court, Perambalur dated 04.04.2025, by allowing
the Criminal Appeal.
For Appellant : Mr.B.Kumarasamy
For Respondent : Mr.S.Raja Kumar
Additional Public Prosecutor
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JUDGMENT
This Criminal Appeal has been preferred as against the judgment passed
in Spl.S.C.No.31 of 2018 on the file of the Sessions Judge, Mahila Court,
Permablur dated 04.04.2025 thereby convicting the appellant for the offences
punishable under Section 366 IPC and Section 5(l) r/w. 6 of POCSO Act.
2. The case of the prosecution is that on 10.08.2015 the appellant
kidnapped the minor victim girl and they stayed together till 20.08.2015. While
they were staying together, on the pretext of marriage, the appellant had
committed penetrative sexual assault on the minor victim girl. On the complaint
lodged by the father of the victim (P.W.1), the respondent police registered a
FIR against the appellant in Cr.No.247 of 2015 for the offences punishable
under Section 366(A) IPC, Section 5(l) r/w. Section 6 of POCSO Act. After
completion of investigation final report was filed and the same was taken
cognizance by the trial Court in Spl.S.C.No.31 of 2018.
3. On the side of the prosecution P.W.1 to P.W.18 were examined and
Exs.P1 to P13 were marked. On the side of the appellant no witness was
examined however, Exs.D1 and D2 were marked. On perusal of the oral and
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documentary evidence, the trial Court found the appellant guilty for the
offences punishable under Section 366 IPC and Section 5(l) r/w. 6 of POCSO
Act and the appellant was sentenced to undergo 10 years Rigorous
Imprisonment and to pay fine of Rs.50,000/- in default to undergo one year
Rigorous Imprisonment for the offence punishable under Section 366 IPC and
he was sentenced to undergo 20 years Rigorous Imprisonment and to pay fine
of Rs.50,000/- in default to undergo two years Rigorous Imprisonment for the
offences punishable under Section 5(l) r/w. 6 of POCSO Act. Aggrieved by the
same, the present Criminal Appeal has been preferred by the appellant /
accused.
4. Mr.B.Kumarasamy, the learned counsel for the appellant / accused,
submitted that even while pending trial, the victim girl deposed that the
appellant married her and they are living together happily and she has gave
birth to a female child. Their marriage certificate copy was marked as Ex.D1
and the birth certificate of the female child was marked as Ex.D2. However
without considering the same, the trial Court mechanically convicted the
appellant.
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5. On an earlier occasion, this Court ordered for the personal appearance
of the victim girl before this Court. Today, the victim girl along with her female
child appeared before this Court and she deposed that even from the date of
their marriage they are living happily and she had also gave birth to a female
child and her birth certificate is marked as Ex.D2. She further deposed that
even till the judgment of the trial Court, they lived together happily and in view
of the conviction and sentence imposed by the trial Court, the appellant was
remanded to judicial custody.
6. Considering the above facts and circumstances, the conviction and
continuation of sentence of the appellant would not serve any purpose. In view
of the above peculiar circumstances, this Court is inclined to set aside the
conviction and sentence imposed by the trial Court.
7. In the result, the Criminal Appeal is allowed and in view of the same
the connected miscellaneous petition is closed. The conviction and sentence
imposed in the judgment dated 04.04.2025 made in Spl.S.C.No.31 of 2018 on
the file of the Sessions Judge, Mahila Court, Perambalur, is hereby set aside.
The appellant is directed to be set at liberty forthwith. Fine amount, if any, paid
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by the accused shall be refunded to him. Bail bond, if any, executed by the
accused shall stand discharged.
The appellant shall register his marriage with the victim girl and produce
the marriage registration certificate before the respondent within a period of
eight weeks from the date of his release from the prison, failing which this
judgment stands automatically cancelled and the respondent police is at liberty
to secure the appellant in order to undergo the remaining period of sentence.
26.06.2025
Index : Yes/No
Neutral citation : Yes/No
Speaking/non-speaking order
Interned : Yes
bkn
To
1.The Sessions Judge, Mahila Court, Perambalur.
2.The Inspector of Police,
V.Kalathur Police Station,
Perambalur District.
3.The Public Prosecutor,
High Court of Madras,
Chennai.
4. The Superintendent,
Central Prison, Trichy.
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G.K.ILANTHIRAIYAN, J.
bkn
26.06.2025
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