[Cites 16, Cited by 0]
Madras High Court
Mohammed Ushen vs State Of Tamil Nadu Through on 18 February, 2026
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.A(MD)No.79 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
AND
THE HONOURABLE MS.JUSTICE R.POORNIMA
Crl.A(MD)No.79 of 2026
and
Crl.M.P(MD)No.1107 of 2026
Mohammed Ushen ... Appellant/Sole Accused
Vs.
State of Tamil Nadu through,
The Inspector of Police,
All Women Police Station,
Cantonment A.W.P.S,
Trichy District.
(In Crime No.19 of 2022). ... Respondent/Complainant
PRAYER:- Criminal Appeal is filed under Section 415(2) of BNSS,
2023, to call for the entire records connected to the Judgment in
Spl.S.C.No.01 of 2023 on the file of the learned Sessions Judge,
Mahila Court, Tiruchirappalli, dated 06.11.2024 and set aside the
conviction and sentence imposed against the appellant.
1/30
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 07:24:26 pm )
Crl.A(MD)No.79 of 2026
For Appellant : Mr.S.Ramesh Kumar
For Respondent : Mr.R.M.Anbunithi
Additional Public Prosecutor
JUDGMENT
(Judgment of the Court was delivered by
G.K.ILANTHIRAIYAN, J.)
This appeal is directed as against the Judgment passed in
Spl.S.C.No.01 of 2023, dated 06.11.2024, on the file of the learned
Sessions Judge, Mahila Court, Tiruchirappalli, thereby convicting
the appellant for the offences punishable under Sections 5(h), 5(L)
read with 6(1) of the Protection of Children from Sexual Offences
Act, 2012 (in short hereinafter referred to as 'the POCSO Act') and
457, 342, 397 and 506 Part II of I.P.C.
2.The case of the prosecution was that the accused is a
habitual offender and committed several crimes. While being so, on
27.09.2022 at about 03.30 hours, the accused trespassed into the
house of the complainant by breaking open the door with an iron rod
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 07:24:26 pm )
and robbed gold jewelry weighing 1-1/4 sovereigns, putting her in
fear of death. During the said incident, he tore the bedsheet and tied
the hands and legs of the defacto complainant. Thereafter, he
confined her in her room and went to the room of the minor victim
girl, where she was sleeping. He carried an iron rod and threatened
to kill her mother if she did not cooperate with him. Then, he had
forcibly removed her dress and committed penetrative sexual assault
against her. He also compelled the victim girl to apply her mouth to
his penis and had committed penetrative sexual assault against the
victim girl more than once. He had also applied his mouth to the
vagina of the victim girl and had committed aggravated penetrative
sexual assault. He also threatened the victim girl not to reveal the
occurrence to anyone.
3.On the complaint, the respondent registered the F.I.R.
After completion of the investigation, the respondent filed a final
report for the offences punishable under Sections 457, 397, 450, 342
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 07:24:26 pm )
and 506 Part II of I.P.C and also under Section 5(L), 5(h), 3(d) read
with 6(1) of POCSO Act. On receipt of the same, the Trial Court had
taken cognizance and framed charges for the offences punishable
under Sections 457, 397, 342, 450 and 506 Part II of I.P.C and under
Sections 5(h), 5(l) read with 6(1) of POCSO Act.
4.In order to bring the charges to home, the prosecution
had examined P.W.1 to P.W.19 and Exs.P1 to P.26 were marked. The
prosecution had examined Materials Objects M.O.1 to M.O.9. On
the side of the appellant, no one was examined and no documents
were produced before the Trial Court.
5.On perusal of the oral and documentary evidence, the
Trial Court found the accused guilty for the offences punishable
under Sections 5(h), 5(l) read with 6(1) of POCSO Act, 2012 and
457, 342, 397 and 506 Part II of I.P.C. He was sentenced to undergo
life imprisonment and was imposed a fine of Rs.5,000/- in default, to
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 07:24:26 pm )
undergo six months simple imprisonment for the offence punishable
under Section 5(h), 5(l) r/w 6(1) of POCSO Act, 2012 ii) he was
sentenced to undergo three years Rigorous Imprisonment and
imposed a fine of Rs.1,000/- in default, to undergo three months
Simple imprisonment for the offence punishable under Section 457
of I.P.C iii) he was sentenced to undergo one year Rigorous
Imprisonment and was imposed a fine of Rs.1,000/- in default, to
undergo three months Simple imprisonment for the offence
punishable under Section 342 of IPC iv) he was sentenced to
undergo seven years Rigorous Imprisonment and was imposed a fine
of Rs.2,000/- in default, to undergo six months Simple imprisonment
for the offence punishable under Section 397 of IPC v) he was
sentenced to undergo two years Rigorous Imprisonment and was
imposed a fine of Rs.1,000/- in default, to undergo three months
Simple imprisonment for the offence punishable under Section 506
Part II of IPC. Aggrieved by the same, the present appeal has been
filed.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 07:24:26 pm )
6.The learned counsel appearing for the appellant
submitted that the prosecution failed to prove any charges beyond all
reasonable doubt. According to Ex.P.16 – Accident Register, the
samples collected did not contain any sperm or spermatozoa from
the victim's vagina. Therefore, the medical evidence did not support
the case of the prosecution. The identification of the accused took
place in the police station while the accused was confessing about
the alleged crime. Therefore, the prosecution failed to prove the
identification of the accused in the manner known to law. The
alleged occurrence took place on 27.09.2022 at about 03.00 hours.
But the F.I.R was registered on the same day at about 20.00 hours. It
reached the Court on 08.10.2022 and the delay was not explained by
the prosecution properly. The doctor who examined the victim girl
deposed as P.W.17. According to her evidence, there was no external
injury on the body of the victim girl.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 07:24:26 pm )
7.The learned counsel appearing for the appellant further
submitted that the prosecution witnesses were not trustworthy,
cogent and supported by medical evidence. Even then, the Trial
Court mechanically convicted the accused and as such, the same is
liable to be set aside.
8.Per contra, the learned Additional Public Prosecutor
appearing for the respondent submitted that the accused is a habitual
offender and that he has so far been involved in 29 cases. He
committed a very serious and heinous offence as against the minor
victim girl and also committed robbery. Immediately, after
registration of F.I.R, the victim girl was subjected for medical
examination before P.W.17. She deposed that the victim girl's hymen
was not intact and the victim girl might have been subjected to
sexual assault. Further, the statement of the victim girl was recorded
under Section 164 of Cr.P.C and was marked as Ex.P.1. It clearly
corroborates the evidence of P.W.1. M.O.5 and M.O.6 were
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 07:24:26 pm )
produced by the prosecution and they contain the semen of the
accused. Therefore, the prosecution clearly proved the charges under
the POCSO Act. The complainant was examined as P.W.2 and her
statement was recorded under Section 164 of Cr.P.C which was
marked as Ex.P.3. Her deposition clearly corroborates the recovery
of the weapon used by the accused as well as the jewels that were
robbed by him and produced as Material Objects M.O.1, M.O.7 and
M.O.8.
9.The learned Additional Public Prosecutor appearing for
the respondent submitted that whenever the accused was produced
before the Court, he used to threaten the police officials, public
prosecutors and judicial officers. Therefore, it would not be safe for
the Judicial Officers, Public Prosecutors or the victim's family, if the
accused was released. That apart, even till today, the victim girl is
undergoing treatment for a serious urinary infection and the Trial
Court rightly convicted the appellant.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 07:24:26 pm )
10.Heard the learned counsel appearing on either side and
perused the materials placed on record.
11.On receipt of the final report, the Trial Court framed the
following charges:
Charge No.1: The victim girl was aged 17 years at the time of
occurrence. She was waiting for counseling to study B.Pharm
after finishing grade 12. She was living with her mother. The
occurrence took place at 3.30 hrs. in the early morning on
27.09.2022. The accused trespassed into the house of the
defacto complainant by breaking open the door with iron rod
which is a dangerous weapon. Therefore, the accused had
committed the offence of trespass during the night which is
punishable under section 457 of IPC.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 07:24:26 pm )
Charge No.2: Following the said occurrence, the accused
having caused fear of death in the mind of the defacto
complainant with the iron rod and robbed gold jewels which
comes to 1-1/4 sovereign from her and thereby committed the
offence of robbery which is a punishable offence under section
397 of IPC.
Charge No.3: During the said occurrence, the accused had
torn bed sheet of the defacto complainant and tied her with the
torn piece of the bed sheet and confined the defacto
complainant in her room and thereby committed the offence of
wrongful confinement punishable under section 342 of IPC.
Charge No.4: During the said occurrence, the accused had
trespassed in to the house of the defacto complainant with
intent to commit penetrative sexual assault against the victim
girl and thereby committed the offence of house trespass
punishable offence under section 450 of IPC.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 07:24:26 pm )
Charge No.5: During the said occurrence, the accused had
forcibly committed penetrative sexual assault against the
victim girl several times by putting her in fear of death by
using dangerous weapon i.e. the iron rod and thereby
committed the offence of aggravated penetrative sexual assault
against the victim girl which is punishable offence under
section 5(h), 5(l) r/w 6(1) of POCSO Act.
Charge No.6: Following the said occurrence, the accused had
shown the iron rod to the victim girl and threatened her not to
reveal the occurrence to police or any other person. Therefore,
the accused has committed the offence of criminal intimidation
punishable under section 506(2) of I.P.C.”
12.At the time of occurrence, the victim girl was minor and
her date of birth was 16.12.2004. On 27.09.2022, at about 03.30
hours, the accused trespassed into the house of the minor victim girl
and robbed jewels from the victim girl's mother and he tore the
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 07:24:26 pm )
bedsheet and tied the hands and legs of her. Thereafter, he entered
into the minor victim girl's room and had committed penetrative
sexual assault. After registration of F.I.R., the victim girl was
subjected for medical examination and the doctor who examined the
victim girl deposed as P.W.17. She recorded the accident register
which was marked as Ex.P.16. Her statement was recorded in the
accident register and thereafter, the statement of the victim girl was
recorded under Section 164 of Cr.P.C. Both Ex.P.16 and Ex.P.1
corroborate each other. It is relevant to extract the statement of the
victim girl, Ex.P.1, recorded under Section 164 of Cr.P.C, which
reads as follows:
“27.09.2022 md;W rk;gtk; ele;jJ. mjw;F
Ke;jpd ehs; jhd; ehq;fs; Cupy; ,Ue;J
te;jpUe;Njhk;. 27-k; Njjp mjpfhiy 02.00 my;yJ
03.00 kzp ,Uf;Fk;. ehd;
J}q;fpf;nfhz;L ,Ue;Njd;. jpUk;gpghu;j;jNghJ xU
egu; %Q;rpia %bf;nfhz;L ngupa uhil ifapy;
itj;jpUe;jhh;. fj;jf;$lhJ eP fj;jpdhy; gf;fj;J
&kpy; mk;khit fl;bg;Nghl;Ls;Nsd; mtiu
nfhd;WtpLNtd; vd;W nrhd;dhd;. clNd vd;
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 07:24:26 pm )
ifia NkNy J}f;fp fl;btpl;lhu;. vdJ fhiyAk;
fl;btpl;lhu;. ehd; gaj;jpy; me;j Uncle-aplk; vd;d
Uncle nra;aNghwPq;f vd;W Nfl;Nld;. ehd; xd;Wk;
nra;akhl;Nld;. cd; kz;ilia kl;Lk;
cilg;Ngd; vd;W nrhd;dhu;. ehd; gaj;jpy;
fz;iz %bf;nfhz;Nld;> mtu; vd;idtpl;Ltpl;L
vd; mk;kh &kpw;F nrd;Wtpl;lhu;. mk;kh &kpw;F
nrd;Wtpl;L rpwpJ Neuj;jpy; te;J fj;jf;$lhJ
mq;Nf Ms; epWj;jpitj;Js;Nsd;. mk;khit
nfhd;WtpLNtd; vd;W kpul;bdhd;. vdf;F vJTk;
Ntz;lhk; ,J kl;Lk; NghJk; vd;W vdJ Vagina-
y; ifitj;Jtpl;L vd; mk;kh &kpw;F
nrd;Wtpl;lhd; ehd; mg;NghJ vJTk;
gz;zplhjPq;f Uncle vd;W mONjd.; mk;kh
&kpw;F nrd;Wtpl;L jpUk;g tUk;NghJ me;j
fhu;dupy; epd;W mtdJ Dress-I fol;btpl;lhd;.
if typf;FJ vd;W nrhd;Ndd;. ifapy; ,Ue;j
fl;il mtpo;j;Jtpl;Ltpl;L ifapy; uhil
itj;Jf;nfhz;L rj;jk; Nghl;lhy; mbj;JtpLNtd;
vd;W nrhd;dhd;. vdJ Dress-Ak; fol;btpl;lhd;.
thapy; Kj;jk; nfhLj;Jf;nfhz;L ,Ue;jhd;. ehd;
js;spjs;sptpl;Nld.; mtd; uhil itj;J vd;id
kpul;bdhd; ehd; mtid js;sptpl;Nld;. uhil
itj;J vd;id mbf;fte;jhd.; gf;fj;jpy; mk;kh
&kpy; Ms; epw;fitj;Js;Nsd; vd;W nrhd;dhd;.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 07:24:26 pm )
vd;id Suck gz;z nrhd;dhd;. ehd; ,uz;L
Kiw nra;Jtpl;L js;sptpl;Nld;. mtd; vdJ
Vagina-y; tha; itj;jhd;. ehd; vl;b cijj;Njd;.
fj;jhNj vd;W nrhy;yp uhil itj;J kWgbAk;
vd;id kpul;bdhd;. mtdJ Penis I cs;Ns
tpl;lhd;. ehd; typjhq;fhky; fj;jpNdd;. rpwpJ
Neuk; nra;jhd.; vdf;F Urine- I
mlf;fKbatpy;iy Urine NghfNtz;Lk; vd;W
nrhd;Ndd;. Ngha;tpl;L th vd;W nrhy;yp ghj&k;
mioj;Jnrd;whd;. yhf; nra;atpltpy;iy. iyl;
Nghlnrd;Ndd;. 5 nrf;fz;l; iyl; Nghl;lhd;
mg;NghJ mtd; Kfj;ij ghu;j;Njd;. ehd; Urine
NghFk;NghJ vdf;F Blood te;jJ. ntspNa
te;jJk; Ngz;l; FLj;J Nghlnrhd;dhd;> ehd;
vdf;F kpfTk; FSUJ bu]; FLq;fs; vd;W
nrhd;Ndd;. vd;id bu]; vJTk; Nghltplhky;
ngl;rPl; kl;Lk; Nghu;j;jp gLf;fnrhy;ypypl;lhd;. ehd;
,d;ndhUthl;b gz;z Ntz;Lk; mjdhy; bu];
Nghlf;$lhJ vd;W nrhd;dhd;. ehd; mONjd.;
mtd; bu]; Nghl;Ltpl;L mk;kh &kpw;F Ngha;tpl;L
kWgbAk; te;jhd;. kWgbAk; mNj ,lj;jpy; epd;W
bu];ir fol;btpl;L vdJ Ngz;li; lAk;
fol;bdhd;. vd;id gLf;f itj;J vd; kPJ
cl;fhu;e;J nfhz;L Suck gz;znrhd;dhd;. Suck
gz;z cld; kWgbAk; Penis-I cs;Ns tpl;L
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 07:24:26 pm )
nuhk;gNeuk; gd;dhd;. ehd; fj;jpNdd;. vd; thia
nghj;jpf;nfhz;lhd;. mts; ifia vLj;jJk;> typ
jhq;fhky; ehNd vdJ ifia fbj;Jf;nfhz;Nld.;
kPz;Lk; vdf;F urine tUtJ Nghy; ,Ue;jjhy;
ehd; th]&k; nrd;Nwd;. kPz;Lk; vdf;F Blood
te;jJ mJ xU khjpup g;uTd; ftupy; te;jJ.
ntspNa te;jTld; vdf;F bu]; nfhLj;jhd; ehd;
Nghl;Lf;nfhz;Nld;. myDk; bu]; Nghl;Lf;nfhz;L
mk;kh &kpw;F nrd;whd;. mk;kh &kpy; ,Ue;J
tUk;NghJ Nlgpspy; ,Ue;j nuts
rhg;gpl;Lf;nfhz;Nl te;J vd; thapy; Nghl;lhd;
ehd; Jg;gptpl;Nld;. ehd; cdf;F xU khj;jpiu
jUNtd; eP Nghl;Lf;nfhz;lhy; Pregnant
Mfkhl;lha; vd;W nrhd;dhd;. GJf;Nfhl;ilapy;
te;J thq;fpf;nfhs;s nrhd;dhd;. ehd; mONjd;
vg;gb mij vd;dhy; mq;F tuKbAk; vd;W
Nfl;Nld;. vdJ Nghd; ek;gu; Nfl;lhd;. ek;gu;
nfhLg;gjw;fhf Hall-y; cs;s Ngg;gUk; NgdhTk;
vLf;f nrd;wNghJ Kj;jk; nfhLj;Jf;nfhz;Nl
te;jhd.; vdf;F Fkl;bf;nfhz;L te;jJ. mtd;
vd;id kpul;bdhd.; ehd; mk;kh ek;giu
vOjpf;nfhLj;Njd;. mtd; kpul;bdhd;. mk;khNthl
Nghid vLj;J ehd; nfhLj;j ek;giu lay; nra;J
ek;gu; rupah vd;W ghu;j;jhd;. upq; te;jTld;
vd;Dila ek;gtiu mtNd Ngg;gupy;
vOjpf;nfhz;lhd.; vd;id fl;bg;Nghl;lNghNj
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 07:24:26 pm )
vd;Dila Nghid thq;fpf;nfhz;lhd;. Nghd;
ek;gu; thq;Fk; NghJjhd; vd; Nghid
jpUk;gpf;nfhLj;jhd;. Nghd; yhf;if
vLf;fr;nrhd;dhd;. yhf;if vLj;jNghJ
thy;Ngg;gupy; ,Ue;j vdJ Gifg;glj;ij
ghu;j;J ,J ahu; vd;W vd;dplk; Nfl;lhd;.
Nfyupf;Fs; nry;tjw;fhf nuhk;g Neuk; Njbdhd;.
Mdhy; mtdhy; vLf;fKbatpy;iy. $Fs;
Nghl;Nlhir Xgd; nra;J mjpy; ,Ue;j vd;
mf;fhtpd; Nghl;Nlhit fhz;gpj;J ahu; vd;W
Nfl;lhd;. vd;Dila gpuz;l;]; Nghl;Nlhit vLj;J
ahu; vd;W Nfl;lhd.; vd;id epA+lhf xU Nghl;Nlh
vLj;Jf;nfhs;fpNwd; vd;W Nfl;lhd;. ehd;
Ntz;lhk; vd;W mONjd;. mtd; Nghl;Nlh
vLj;Jf;nfhs;stpy;iy. mtd; tPl;bw;Fs; te;jTld;
vd;id ];$y; nry;Yk;NghJ ghu;j;jjhf
nrhd;dhd;. ehd; ];$Yf;F filrpahf Nk khjk;
nrd;Nwd;. ehd; mtdplk; ve;j gjpYk;
nrhy;ytpy;iy. mtd; ngha;nrhy;fpwhd; vd;W
njupe;Jnfhz;Nld;. ehd; mk;khtpd; rj;jNk
tutpy;iy mk;khit vJTk; gz;zptpl;Bw;fsh
vd;W Nfl;Nld;. mts; Nghid vLj;Jf;nfhz;L
mk;khtpd; fl;il mtpo;j;Jtpl;L tUfpNwd; vd;W;
nrhy;yptpl;L nrd;Wtpl;lhd;. kWgbAk; te;J
vd;id Kj;jk nfhLj;Jf;nfhz;Nl
mk;kh ,Uf;Fk; &kpw;F mioj;J nrd;whd;. mk;kh
fl;Lg;Nghl;L gLj;Jf;nfhz;L ,Ue;jhu;fs;. ehd;
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 07:24:26 pm )
mk;khit ghu;j;J mONjd.; cd;id vJTk;
gz;ztpy;iyah vd;W Nfl;Nld;. vd; mk;khypd;
&kpw;F mioj;J nry;tjw;F Kd;G mk;khtplNkh.
NghyPrplNkh vJTk; nrhy;yptplf;$lhJ vd;W
vd;id kpul;bdhd;. mk;khtplk; vJTk; nrhy;yf;
$lhJ nrhd;dhy; ehd; rhtbj;JtpLNtd; vd;W
nrhy;yp mioj;Jnrd;whd.; ehd; &kpw;F nrd;wJk;
mk;kh vd;id vJTk; nra;jhdh vd;W Nfl;lhu.;
jhd; ,y;iy vd;W nrhd;Ndd;. mk;kh
mOJtpl;lhu;. ehd; mOjij ghu;j;Jtpl;L mk;kh
Kd;dhb jq;fr;rp ehd; cd;id vjhtJ gd;Nddh
vd;W Nfl;lhd;. mJtiuapy; vq;fSf;F mtd;
xUtd; kl;Lk;jhd; te;Js;shd; vd;W njupahJ.
ehd; mk;kh gpd;dhb cl;fhu;e;J
mOJnfhz;bUe;Njd;. njhOif nra;tjw;fhf
myhuk; mbj;jJ. mtDf;F myhuj;ij Mg;
nra;a njupahjjhy; Nghid mk;khtplk;
nfhLj;Jtpl;L fpsk;GNwd; vd;W nrhd;dhd;. 05.40
kzpf;F myhuk; mbj;jJ. ehq;fs; NghyPrf;F
Nghfkhl;Nlhk; vd;W ijupakhf mtd; vq;fis
tpl;Ltpl;L nrd;Wtpl;lhd;. ,y;iy vd;why;
vq;fis nfhd;W ,Ug;ghd;. mtd; nry;Yk;NghJ
Kjypy; Nlhiu jpwe;Jtpl;lhd.; ehd; mk;khtplk;
njhOt Ntz;Lk; vd;W nrhd;Ndd;. mg;NghJjhd;
mtd; rPf;fpuk; nry;thd; vd;W nrhd;Ndd;. ePq;fs;
06.30-f;F $l njhOJ nfhs;syhk; vd;W
nrhd;dhd;. nfhQ;rk; tpbe;j gpwF nrd;why;jhd;
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 07:24:26 pm )
khl;lhky; NfRtyhf nry;yKbAk; vd;W
nrhd;dhd;. mtd; ntspNa nry;Yk;NghJ ehq;fs;
ntspNa nry;yyhk; vd;W ghu;j;Njhk;. ntspNa
Ms; ,Uf;fpwJ rhtbj;JtpLNtd; vd;W
kpul;bdhd;. mtd; ntspNa nrd;wTld; mk;kh
te;J ey;yNtis ek;kiy xd;Wk; nra;atpy;iy
vd;W nrhd;dhh;. ehd; mg;NghJ jhd; mk;khtplk;
ele;jij nrhd;Ndd;.”
13.Thus, the accused committed a very serious and heinous
offence against the minor victim girl. Before committing the offence,
he robbed the jewels from the victim's mother, tore the bedsheet, and
tied her hands and legs. The victim girl deposed as P.W.1, and her
statement corroborates her statement recorded under Section 164 of
the Cr.P.C. The doctor who examined the victim girl deposed as
P.W.17. She corroborated the accident register and the victim's
evidence. During the examination, the victim girl appeared to be in
fear. Her hymen was not intact, and she was also suffering from a
urinary infection. She further deposed that the victim girl might have
been subjected to sexual assault. No semen was found on her private
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 07:24:26 pm )
parts, as she had bathed after the incident. She was admitted as an
inpatient and received treatment. Her discharge summary was
marked as Ex.P.17. Therefore, it cannot be said that the medical
evidence did not support the case of the prosecution. Hence, the
prosecution has clearly proven the charges under the POCSO Act.
14.Insofar as the other offences are concerned, the mother
of the victim girl deposed as P.W.2. She categorically corroborated
the evidence of P.W.1. The relevant portion of her deposition is as
follows:
“nghJthf ehDk;> vd; kfSk; tPlb; y;
jdpj;jdp miwfspy; gLj;J cwq;FNthk;. 27k;
Njjp mjpfhiy Rkhu; 3.30 kzpf;F thry; Nfl;>
fk;gp Nfl; G+l;il cilj;J> Nlhu; yhf;if
jdpahf fol;b jpUld; cs;Ns te;Js;shd;. vd;
&k; fjit mtd; jpwf;Fk; NghJ kl;Lk; vdf;F
rj;jk; Nfl;lJ. ehd; tpopj;J my;yh vd;W
rj;jk; Nghl;Nld;. mtd; ifapy; rpd;d lhh;r;
iyl; ,Ue;jJ. NkYk; mtd; ngupa ,Uk;G uhL
itj;jpUe;jhd;. ehd; rj;jk; Nghl;lTld; vd;
thia ifahy; nghj;jp> rj;jk; Nghl;lhy;
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 07:24:26 pm )
cd;id nfhd;WtpLNtd; vd;W kpul;bdhd;.
mjd; gpwF vd; Jzpahy; vd; thia
fl;btpl;lhd; vd;Dila ngl;~{l;il fpopj;J
vd;Dila ifiaAk;> fhy;fisAk;
fl;btpl;lhd;. mjw;F gpwF vd;id Fdpaitj;J
vd;Dila if kw;Wk; fhy;fis Nru;j;J
fl;btpl;lhd.; me;j jpUld; Kfj;jpy; xU
Jzpahy; Kf%b khjpup fl;bapUe;jhd;. cd;id
nfhd;DtpLNtd vd;W kpul;b vd;
ifapy; ,Ue;j gpNu];nyl;> Nkhjpuk;
Mfpatw;iw vLj;J nfhz;lhd;. gzk;
Ie;jhapuk; ,Uf;Fjh vd;W Nfl;lhd;. vd;dhy;
NgrKbatpy;iy. mtd; gPNuhit jpwe;J
mq;F ,Ue;j ngl;bfis jpwe;J
gzk; ,Uf;fpwjh vd;W Njbdhd;. ehd; rhu;[;
Nghl;bUe;j nry;Nghid vLj;Jnfhz;lhd;.
nry;gpy; vy;yhk; lhu;r; iyl; mbj;J ghu;j;jhd;.
mtd; fl;bNghl;bUe;jjhy; vd; ifnay;yhk;
fd;wpNgha;tpl;lJ. Mg;Nu~d; nra;J ,Ue;jjhy;
vd;id Fdpaitj;J if fhy;fis fl;b
Nghl;ljhy; typ mjpfkhf ,Ue;jJ. typf;fpwJ
mtpo;j;JtpL. Mg;Nu~d; nra;jUf;fpNwd; vd;W
mtdplk; nfQ;rp mONjd;. rj;jk; Nghl;lhy;
cd;id Fj;jptpLNtd; vd;W uhil vLj;J
Fj;JtJNghy; nra;jhd;. vd;id me;j &kpy;
tpl;L tpl;L gf;fj;jpy; ghjpf;fg;gl;l rpWkp gLj;J
,Ue;j &Kf;F Ngha; tpl;lhd;. NghFk; NghJ
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 07:24:26 pm )
vd; ghg;ghit vJTk; nra;J tplhNj vd;W
mtdplk; nfQ;rpNdd;.”
15.Hence, P.W.1 and P.W.2 were able to identify the
accused from the CCTV footage seized by the Investigating Officer.
An identification parade was subsequently conducted, and the victim
also identified the accused before the Court. Thus, it is clear that the
accused trespassed into the house of P.W.2 and committed robbery
of her jewels. He also committed penetrative sexual assault on the
minor victim girl. The evidence of P.W.1 and P.W.2 is cogent,
trustworthy, and corroborates each other. Therefore, the prosecution
has proven the presence of the accused at the time of the occurrence
and that he committed the offence under the POCSO Act.
Furthermore, there is a clear presumption against the accused under
Section 29 of the POCSO Act. Even then, the accused did not
adduce any evidence to rebut this presumption. Further, the
conviction can be based on the sole testimony of the victim girl if it
is reliable, trustworthy, and beyond a reasonable doubt.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 07:24:26 pm )
16.From the evidence of P.W.1 and P.W.2, it is clear that
the accused was involved in the commission of the offence of
penetrative sexual assault and also the offence of robbery. He also
committed unnatural sexual intercourse through the anus of the
victim. However, Forensic Science reports were marked as Ex.P.12
to Ex.P.15 through P.W.17, who is Scientific Officer at the Forensic
Science Laboratory, Chennai.
17.The report Ex.P.12 shows that semen strains were found
in the inner wear of the victim girl which was subjected for
serological analysis. The DNA reports were marked as Ex.P.14 and
Ex.P.15. The reports confirm that the semen has bilongs to the
accused. Therefore, the Forensic Science report confirmed the semen
strain which belongs to the accused and supported the case of the
prosecution. Further, in order to identify the accused, CCTV footage
was downloaded in the pendrive which was marked as M.O.9.
CCTV footage was taken from the neighbour's house of the victim
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 07:24:26 pm )
girl and it was duly certified under Section 65B of the Indian
Evidence Act, 1872. The prosecution also proved the age of the
victim as minor by examining P.W.15 and Ex.P.10-bonafide
certificate. Therefore, the Trial Court rightly convicted the accused
for the offences punishable under Sections 5(h), 5(l) read with 6(1)
of the POCSO Act and 457, 342, 397 and 506 Part II of I.P.C and it
does not warrant any interference of this Court.
18.On perusal of all the records, directions are warranted
by this Court. Today, the Investigating Officer was also present
before this Court and deposed that, even on the date of the judgment,
the Trial Court requested the superior police officers to provide
adequate police protection to the judicial officers, public
prosecutors, and the victim's family. The accused is a habitual
offender and has been involved in nearly 29 cases so far. The case
details are as follows:
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 07:24:26 pm )
Sl.No. Police Station Particulars of Crime No, Section
and stage of the case
1. Pollachi West PS, In Cr.No.107/19 U/s 380, 457
Coimbatore District. IPC-Pending Trial
2. Dindigul Town North In Cr.No.602/19, U/s 380, 454,
PS, Dindigul District. 457-IPC @ 380, 457 IPC –
Pending Trial
3. Madurai City, K.Pudur In Cr.No.43/21, U/s 392, 397, 452,
P, Madurai District. 506(2) – IPC @ 392, 459, 506(ii)
of IPC-Pending Trial
4. Madurai City, K.Pudur In Cr.No.30/21, U/s 380, 457 IPC-
PS, Madurai District. Pending Trial
5. Aranthangi PS In Cr.No.93/15, U/s 392 IPC-
Pudukottai District. Pending Trial
6. Aranthangi PS In Cr.No.88/14, U/s 380, 457 IPC
Pudukottai District. – Disposed
7. Karaikudi North PS, In Cr.No.589/16, U/s 387 IPC-
Sivagangai District. Pending Trial
8. Athirampattinam PS, In Cr.No.83/12, U/s 380, 457 IPC-
Thanjavur District. Pending Trial
9. Athirampattinam PS, In Cr.No.67/12, U/s 386 IPC-
Thanjavur District. Pending Trial
10. Palayamkottai PS, In Cr.No.598/17, U/s 397 IPC-Ref
Tirunelveli District.
11. C.Melapalayam PS, In Cr.No.67/19, U/s 394, 397 IPC-
Tirunelveli District. Pending Trial
12. Udumalpat PS, Tiruppur In Cr.No.517/17, U/s 397-IPC @
District. 392, 397 IPC-Pending Trial
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 07:24:26 pm )
13. KK Nagar PS, Trichy In Cr.No.234/14, U/s 380, 457 IPC
District. – Pending Trial
14. KK Nagar PS, Trichy In Cr.No.225/14, U/s 380, 457 IPC
District. – Ref
15. Erode North PS, Erode In Cr.No.172/19, U/s 392, 397 IPC
District. – Pending Trial
16. Erode North PS, Erode In Cr.No.162/19, U/s 34, 342, 395,
District. 397, 458 IPC – Pending Trial
17. Samayanallur PS In Cr.No.35/21, U/s 397, 457 IPC
Madurai District. – Pending Trial
18. Samayanallur PS In Cr.No.24/21, U/s 380, 457 IPC
Madurai District. – Pending Trial
19. Samayanallur PS In Cr.No.13/21, U/s 392 IPC –
Madurai District. Pending Trial
20. Samayanallur PS In Cr.No.7/21, U/s 380, 457 IPC –
Madurai District. Pending Trial
21. Samayanallur PS In Cr.No.3/21, U/s 457, 511IPC @
Madurai District. 380, 457, 511 IPC – Pending Trial
22. Athirampattinam PS, In Cr.No.32/10, U/s 380, 457 IPC
Thanjavur District. Pending Trial
23. Orathnadu PS, In Cr.No.182/13, U/s 380, 457 IPC
Thanjavur District. – Disposed
24. Orathnadu PS, In Cr.No.176/13, U/s 380, 457 IPC
Thanjavur District. – Disposed
25. Pattukottai PS In Cr.No.199/12, U/s 392, 506(ii)
Thanjavur District. IPC – conviction
26. Pattukottai PS In Cr.No.194/12, U/s 380, 457 IPC
Thanjavur District. – conviction
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 07:24:26 pm )
27. Pattukottai PS In Cr.No.181/12, U/s 380, 457 IPC
Thanjavur District. 3(1) PPD Act – conviction
28. Pattukottai PS In Cr.No.172/12, U/s 392 IPC –
Thanjavur District. conviction
29. Pattukottai PS In Cr.No.171/12, U/s 380, 457 IPC
Thanjavur District. – Acquitted
19.This indicates that the accused is a dangerous criminal
who has committed a number of serious and heinous offences
against society. In fact, during the judgment, the Trial Court Judge
was granted adequate police protection on 16.10.2024, 23.10.2024,
29.10.2024, and 06.11.2024. This reflects the conduct of the
accused. Moreover, even during his incarceration, the accused
committed offences under Sections 226, 351(2), and 132 of the
BNS, 2023. As a result, based on the complaint lodged by the Jailer
of the Central Prison, Tiruchirappalli District, an F.I.R. was
registered in Crime No.608 of 2024. Furthermore, it is evident from
the medical records presented before the Court that the victim has
been receiving continuous treatment for the sexual assault
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 07:24:26 pm )
committed by the accused. Furthermore, this Court also received an
anonymous threatening letter when this matter was listed before this
Court. Therefore, adequate police protection is required for the
victim's family, public prosecutors, and state public prosecutors.
20.In fact in a similar circumstance, when one of us were
sitting in the Principal Seat during the year 2022, police protection
was ordered to the State Public Prosecutor Mr.Hasan Mohammed
Jinnah in W.P.No.10130 of 2021 by order dated 08.06.2022.
21.In view of the above, if any request is made by the
victim girl's family, the jurisdictional police shall provide police
protection to them. Further, the Director General of Police, Chennai,
shall ensure that police protection is also extended to the State
Public Prosecutor, Mr. Hasan Mohamed Jinnah, whenever he travels
to any other district or interstate, without any interruption or
dilution, as well as to the learned Additional Public Prosecutors who
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 07:24:26 pm )
appeared before this Court. This is in the interest of ensuring the
safety of the individuals concerned and maintaining public
confidence in the administration of justice.
22.In view of the above, the Trial Court rightly convicted
the appellant for the offences punishable under Sections 457, 397,
342, 450 and 506 Part II of I.P.C and under Sections 5(h), 5(L) read
with 6(1) of POCSO Act and there are absolutely no grounds to
interfere with the judgment rendered by the trial Court. Hence, the
appeal fails and is dismissed. Consequently, connected
Miscellaneous Petition is closed.
[G.K.I.J.,] & [R.P.J.,]
18.02.2026
NCC :Yes/No
Index :Yes/No
ps
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 07:24:26 pm )
To
1.The Sessions Judge,
Mahila Court,
Tiruchirappalli.
2.The Inspector of Police,
All Women Police Station,
Cantonment A.W.P.S,
Trichy District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Copy To:
4.The Director General of Police,
Chennai.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 07:24:26 pm )
G.K. ILANTHIRAIYAN, J.
AND
R. POORNIMA, J.
ps
18.02.2026
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2026 07:24:26 pm )
