[Cites 12, Cited by 0]
Madras High Court
S.Thirumurugan vs The State on 17 February, 2026
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.A(MD)No.821 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
AND
THE HONOURABLE MS.JUSTICE R.POORNIMA
Crl.A(MD)No. 821 of 2022
S.Thirumurugan ... Appellant/Sole Accused
Vs.
The State,
Represented by the
Inspector of Police,
All Women Police Station,
Kulithalai, Karur District.
Crime No.10/2021. ... Respondent/Complainant
PRAYER:- Criminal Appeal is filed under Section 374(2) of Cr.P.C.
to call for the records and to set aside the judgment of conviction
and sentence dated 30.09.2022 made in Spl.S.C.No.13/2022, on the
file of the learned Additional Sessions Judge, Karur and acquit the
accused by allowing the present appeal.
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Crl.A(MD)No.821 of 2022
For Appellant : Mr.M.Jegadeesh Pandian
for Mr.C.Mahadevan
For Respondent : Mr.T.Senthil Kumar
Additional Public Prosecutor
JUDGMENT
(Judgment of the Court was delivered by
G.K.ILANTHIRAIYAN, J.)
This appeal has been filed as against the Judgment passed
in Spl.S.C.No.13/2022, dated 30.09.2022, by the learned Additional
Sessions Judge, Karur, thereby convicting the appellant for the
offences punishable under Sections 449 and 506 Part I of IPC and
Section 6 of POCSO Act.
2. The case of the prosecution is that, the minor victim girl
was aged about 15 years. She was studying 11th standard and the
accused is being a neighbour of the victim girl aged about 37 years.
When the parents of the victim girl went out, during the month of
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March 2021, the accused came to her house and committed the
offence of penetrative sexual assault. The accused also continued to
do the same, while the victim girl was alone at her house during
Covid-19 lock-down. Thereafter, the victim became pregnant and
suffered from stomach pain. Thereafter, the victim girl disclosed the
offence committed by the accused and lodged a complaint.
3. On the basis of the complaint, the respondent registered
an F.I.R in Crime No.10 of 2021 for the offences punishable under
Sections 5(l), 5(j)(ii), 6 of POCSO Act and 506 Part I of IPC. After
completion of investigation, the respondent filed a final report. On
receipt of the same, the trial Court had taken cognizance and framed
the charges as against the accused for the offences punishable under
Sections 449 of IPC, 6 of POCSO Act and 506 Part I of IPC.
4. On the side of the prosecution, in order to bring the
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charges to home, they examined P.W.1 to P.W.9 and Exs.P1 to P18
were marked. The prosecution also produced Material Object
M.O.1. On the side of the accused, D.W.1 and D.W.2 were examined
and no document was marked.
5. On perusal of the oral and documentary evidence, the
trial Court found the accused guilty of the offences punishable under
Sections 449, 506 Part I of IPC and Section 6 of POCSO Act. He
was sentenced to undergo 10 years imprisonment and was imposed a
fine of Rs.1,000/-, in default, to undergo one year Simple
Imprisonment for an offence punishable under Section 449 of IPC.
He was further sentenced to undergo Life Imprisonment and was
imposed a fine of Rs.1000/- in default, to undergo one year Simple
Imprisonment for the offence punishable under Section 6 of POCSO
Act. He was also sentenced to undergo two years imprisonment and
was imposed a fine of Rs.1000/- in default, to undergo six months
Simple Imprisonment for the offence punishable under Section 506
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Part I of IPC. Aggrieved by the same, the present appeal has been
filed by the appellant.
6. The learned counsel appearing for the appellant
submitted that the prosecution failed to mention the date of the
alleged occurrence, and that there was a huge delay in lodging the
complaint, which was not properly explained. It is a fatal to the case
of the prosecution. The doctor, who examined the victim girl, did
not depose before the Court and as a result, the medical evidence
failed to support the case of the prosecution in proving the charge
under the POCSO Act. Additionally, the prosecution did not
establish the victim's age in accordance with the law. Despite the fact
that the DNA analysis report is not a conclusive piece of evidence to
prove the allegation of sexual assault, the trial court mechanically
convicted the accused. Therefore, the entire conviction and sentence
imposed on the appellant cannot be sustained and must be set aside.
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7. Per contra, the learned Additional Public Prosecutor
appearing for the respondent submits that the accused had
committed aggravated penetrative sexual assault on the victim girl
and he also threatened the victim girl with dire consequences if she
discloses the fact to anybody. Due to repeated penetrative sexual
assault, the victim girl got pregnant. Subsequently, the pregnancy
was aborted and the foetus was subjected to DNA test. It is
categorically proved that the accused is the reason for pregnancy.
The victim girl had deposed as P.W.2. She categorically deposed
that the accused committed aggravated penetrative sexual assault on
her. He also threatened her with dire consequences if she discloses it
to anybody. Therefore, only after pregnancy, complaint was lodged
before the respondent. That apart, the delay is immaterial in the
sexual offence case. Therefore, the prosecution has clearly proved
the charges, and the trial Court rightly convicted the accused.
Accordingly, the conviction by the trial court does not call for any
interference by this Court.
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8. Heard the learned counsel appearing on either side and
perused the materials placed on record.
9. To prove the age of the victim, the prosecution marked
the school certificate of the victim as Ex.P.6, which clearly
established that the victim was 15 years old at the time of the
occurrence. The accused was 37 years old at the time of the incident.
During Covid-19 lock-down, when the victim girl was alone in her
house, the accused tress-passed into her house and utilising the
absence of her parents had committed aggravated penetrative sexual
assault on her. He also threatened her not to disclose anybody and
committed the very same offence repeatedly. As a result, she got
pregnant and only thereafter, her parents came to know that the
victim girl was subjected to aggravated penetrative sexual assault by
the accused. Immediately, the mother of the victim girl had lodged
a complaint and the same was registered in Cr.No.10 of 2021.
Hence, there is absolutely no delay in lodging the complaint. The
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mother of the victim girl had deposed as P.W.1. She deposed that
due to Covid-19 lock-down, the victim girl did not go to school and
she was alone in the house. The occurrence happened around 7 to 8
p.m. While being so, during the month of March 2021, P.W.1 was
informed by the victim girl that she had stomach pain, vomiting and
drowsiness. Though the victim girl was administered some
medicine, she did not recover from the stomach pain. Thereafter,
she came to understand about her pregnancy and the victim girl
informed about the occurrence. Immediately, she lodged a
complaint before the respondent police. The victim girl had deposed
as P.W.2. The statement of the victim girl was recorded under
Section 164 of Cr.P.C, which was marked as Ex.P2. She
categorically stated that the accused had committed aggravated
penetrative sexual assault on her, as a result, she got pregnant. She
had deposed before the Court as P.W.2. The relevant portion of her
deposition is as follows:-
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“fle;j 15.03.2021 md;W khiy 6.00 kzpf;F
vdJ ngupa jhj;jhit ghu;f;f vdJ mk;khTk;>
mg;ghTk; Mykuj;Jg;gl;bf;F nrd;whu;fs;. md;W
kio nga;J nfhz;bUe;jjhy; vdJ mk;kh> mg;gh
md;wpuT tPl;bw;F tutpy;iy. ehDk;> vdJ
jq;iffs; ,UtUk; tPl;bypUe;Njhk;. vdJ jq;iffs;
,UtUk; gf;fj;J tPl;bw;F nrd;W
tpisahbf;nfhz;bUe;jhu;fs;> mg;NghJ md;wpuT
Rkhu; 8.30 kzpf;F jpUKUfd; vq;fs; tPl;bw;F
te;jhu;. cdf;F gpbj;jJ vy;yhk; thq;fpj;jUfpNwd;
vd;Wk; ehk; ,UtUk; xd;whf ,Uf;fyhk; vd;Wk;
vd;id $g;gpl;lhu;. ehd; Ntz;lhnkd;W nrhy;ypAk;>
mq;F tpupj;J itj;jpUe;j ghapy; vd;id js;sp
jdJ MZWg;ig vdJ ngz;ZWg;gpy; itj;J
mOj;jpdhu;. ,Jgw;wp ntspapy; ahuplKk; nrhy;yf;
$lhJ vd;W nrhd;dhu;. ehd; mijg;gw;wp ntspapy;
nrhd;dhy; vdJ mk;kh> mg;ghit nfhd;WtpLNtd;
vd;W kpul;bdhu;. mjd;gpd; mNj khjj;jpy; ehd; vdJ
tPl;Lf;F gpd;dhy; ML Nka;j;Jf;nfhz;bUe;jNghJ
vjpup mq;F te;J> vd;dplk; tPl;by; ahUk;
cs;shu;fsh vd;W Nfl;L tPl;by; ahUk; ,y;yhjNghJ
vd;id tYf;fl;lhakhf vd;Dld; clYwT
itj;Jf;nfhz;lhu;. mNjNghy Vg;uy; khjj;jpYk;
gyKiw tPl;by; ahUk; ,y;yhjNghJ
tYf;fl;lhakhf vd;Dld; clYwT
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itj;Jf;nfhz;lhu;. vdf;F Nk khjj;jpy; mjpfkhf
tapw;Wtyp> the;jp> kaf;fk; te;jJ mJgw;wp vdJ
mk;khtplk; nrhd;dNghJ vdJ mk;kh nkbf;fypy;
khj;jpiu thq;fp nfhLj;jhu;> tapW typ> the;jp
rupahftpy;iy. gpd;du; Ntq;fhk;gl;bf;F nrd;W
tapiw Cjp ghu;j;jhu;fs;. ,uz;L ehl;fs;
ed;whf ,Ue;jJ. gpd; kPz;Lk; tapWtyp the;jp
kaf;fk; ,Ue;jJ. vdJ mk;kh re;Njfg;gl;L
07.07.2021 md;W vd;dplk; cdf;F jPl;LNgha;
vt;tsT ehs; MdJ vd;W Nfl;lhu;. vdJ gpwe;j
ehshd 11.04.2021 md;W jPl;LNghdjhf nrhd;Ndd;.
mjd;gpd; jPl;LNghftpy;iy vd;W nrhd;Ndd. gpd;
ehd; ele;jtw;iw vdJ mk;khtplk; $wpNdd;. gpd;du;
08.07.2021 md;W vdJ mk;kh vd;id Fspj;jiy
muR kUj;Jtkidf;F mioj;J nrd;whu;. mq;F
kUj;Jtu; vd;id ];Nfd; nra;J ghu;j;J ehd; %d;W
khjk; fu;gkhf ,Ug;gjhf vd;dplKk;> vdJ
mk;khtplKk; $wpdhu;. gpwF vdJ mk;kh Fspj;jiy
midj;J kfspu; fhty; epiyaj;jpy; ,J rk;ge;jkhf
khiy 4.00 kzpf;F Gfhu; nfhLj;jhu;. Fspj;jiy
kUj;JtkidapypUe;J Nky; rpfpr;irf;fhf fle;j
16.07.2021 md;W f&u; muR kUj;Jf;fy;Y}up
kUj;Jtkidf;F 108 Mk;Gyd;]; %ykhf nrd;Nwhk;.
mq;F vdf;F fUfiyg;G nra;ag;gl;lJ. gpd;
29.07.2021 md;W f&u; muR kUj;JtkidapypUe;J
tpLtpf;fg;gl;Nld;. gpd; 30.07.2021 md;W Fspj;jiy
ePjpkd;wj;jpw;F nrd;W eLtuplk; tof;F rk;ge;jkhf
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thf;F%yk; mspj;Njd;.”
10. The victim girl's testimony is the most reliable
evidence. Although it does not require corroboration, her deposition
is supported by the statement recorded under Section 164 of the
Cr.P.C., as well as the medical evidence. After the FIR was
registered, the victim girl was subjected to a medical examination by
Dr. Kayathri. She advised the victim girl to undergo an ultrasound
scan. On 17.07.2021, the victim underwent the ultrasound, which
revealed that she was 13 to 14 weeks pregnant. Subsequently, on
23.07.2021, she experienced bleeding, and on 24.07.2021, her
pregnancy was aborted. The foetus was later subjected to a DNA
test. The discharge summary of the victim girl was marked as Ex.P5,
and the Accident Register was recorded and marked as Ex.P7, in
which she categorically stated that a known person had committed
the aggravated penetrative sexual assault on her. The DNA report
was marked as Ex.P18. The report of the DNA is as follows:-
“REPORT:
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DNA was extracted from the above item and
amplified for amelogenin ie., sex locus and also for 15
STR loci using PCR Amplified STR Technique after
taking due care for the integrity of the sample.
The DNA profile of the above item, the
comprehensive analysis of the test results of the above
item with that of Alleged Accused Mr.Thirumurugan and
Biological Mother Ms.Valli and the interpretations
thereof are given in this office report cited in ref 2.
The unexpended portion of the above item has
been labelled as 'CNA/321/2021' for identification.”
11. It is clear that the DNA evidence also proved that the
accused was responsible for her pregnancy. Additionally, it is
noteworthy that the accused had examined D.W.1 and D.W.2. D.W.1,
who is the wife of the accused, deposed that the victim girl
frequently visited their house, while the accused never went to the
victim girl's house. She only had an acquaintance with the accused.
Although the accused had examined D.W.1, this witness supports the
prosecution's case and has proved that the accused committed the
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sexual offence against the victim girl. The accused is a married man
and a father. He had absolute knowledge that the victim girl is a
minor and even after knowing the said fact, he committed
aggravated penetrative sexual assault on the victim girl. Therefore,
the prosecution clearly proved the charges and the trial Court rightly
convicted the accused. However, the learned counsel for the
appellant submits that considering the age of the appellant, the
sentence may be modified since he was sentenced to undergo Life
Imprisonment.
12. Considering the age of the appellant, this Court is
inclined to modify the sentence alone. Accordingly, the conviction
and sentence imposed on the appellant under Section 449 and 506
Part I of IPC are confirmed and conviction imposed on the appellant
under section 6 of POCSO Act is confirmed and the sentence for the
offence under Section 6 of POCSO Act alone is modified as 20 years
Rigorous Imprisonment instead of Life Imprisonment.
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13. With the above modification, the Criminal Appeal is
partly allowed. The sentences of imprisonment shall run
concurrently. The period of imprisonment already undergone by the
appellant shall be set off under Section 428 of Cr.P.C.
[G.K.I.J.,] & [R.P.J.,]
17.02.2026
NCC :Yes/No
Index :Yes/No
Internet :Yes
am
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To
1.The Additional Sessions Court,
Karur.
2.The Inspector of Police,
All Women Police Station,
Kulithalai, Karur District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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G.K. ILANTHIRAIYAN, J.
AND
R. POORNIMA, J.
am
17.02.2026
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