High Court · 2025

Crl.A.No.116 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.06.2025CORAMTHE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYANCrl.A.No.116 of 2025 &Crl.MP.No.1204 of 2025Muthukumar... AppellantVs.The State rep. byThe Inspector of Police,All Women Police Station,Pollachi, Coimbatore District(crime No.7 of 2020) ... RespondentPRAYER: Criminal Appeal filed under Section 415(2) of BNSS, 2023, praying to set aside the judgment made in Special Calendar Case No.78 of 2020 dated 10.04.2023 on the file of the Principal Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore.For Appellant: Mr.M.N.BalakrishnanFor Respondent: Mr.S.Raja Kumar, Additional Public ProsecutorJUDGMENTThis criminal appeal has been preferred against the judgment passed in Special Calendar Case No.78 of 2020 dated 10.04.2023 on the 1/8 https://www.mhc.tn.gov.in/judis Crl.A.No.116 of 2025file of the Principal Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore.2.The case of the prosecution is that the accused was living with the victim’s mother since the victim’s father died due to an accident. While being so, on 09.04.2006, the accused came to house under the influence of alcohol and fell down in the bathroom. At that juncture, the victim girl and her mother helped him stand up, during when the accused pressed the victim’s breast, who was aged about 14 years at the time of the occurrence. Therefore, the mother of the victim shouted at him. That apart, even three months prior to the said occurrence, the accused had asked the victim to remove her pant. He also threatened the victim not to disclose the occurrence to her mother. Hence, the complaint was lodged. On receipt of the said complaint, the respondent registered FIR in crime No.7 of 2020 for the offences punishable under Sections 9(l), 9(n) r/w 10 of POCSO Act and Sections 294(b) & 506(i) of IPC. After completion of investigation, final report was filed and the same was taken cognizance by the trial court. 2/8 https://www.mhc.tn.gov.in/judis Crl.A.No.116 of 20253.In order to bring the charges to home, the prosecution had examined examined PW1 to PW12 and marked Ex.P1 to Ex.P12. The Court marked a document as Ex.C1. On the side of the accused, no one was examined and no documents were marked. On perusal of oral and documentary evidences, the trial court found the appellant guilty for the offences under Sections 9(l), 9(n) r/w 10 of POCSO Act and Sections 294(b) & 506(i) of IPC. Aggrieved by the judgment of the trial court, the present criminal appeal has been filed by the accused. 4.The learned counsel for the appellant would submit that on the date of the complaint, the petitioner was arrested and remanded to judicial custody i.e. 25.05.2020 and till today, he is incarcerating. He further submitted that the appellant has incarcerated for more than five years. 5.Heard, the learned counsel appearing on either side and perused, all the materials placed before this Court.6.On perusal of the deposition of PW1 and the statement recorded under Section 164 of Cr.P.C. from the victim, it is revealed that 3/8 https://www.mhc.tn.gov.in/judis Crl.A.No.116 of 2025the accused was admittedly intoxicated and he fell down in the bathroom. Therefore, he could not raise himself and as such, the victim and her mother went to rescue him by lifting him up. At that juncture, the appellant touched the victim’s breast. It is further revealed that even prior to the said occurrence, the accused had asked the victim girl to remove her pant. However, he did not touch her and nothing happened. Therefore, the prosecution failed to prove the charges for the offences punishable under Sections 9(l), 9(n) r/w 10 of POCSO Act. However, the appellant threatened her not to disclose the said occurrence to her mother. At the time of the present occurrence, he scolded them with filthy languages. It is relevant to extract the relevant portion of the evidence of PW1 hereunder: 24/05/2020?k; njjp "hapw;Wf;fpHik md;W vjphp Kj;Jf;Fkhh; vd;gth; Foj;Jtpl;L v';fs; tPl;od; gpd;dhy; cs;s ghj;U:k; gf;fj;jpy; brd;W gLj;Jf;bfhz;lhh;/ mg;bghGJ ehDk;. mk;kht[k; tPl;ow;Fs; jhak; tpisahz;L bfhz;oUe;njhk;/ vdJ mk;kh vjphp Kj;Jf;Fkhiu J}f;f nghdhh;/ vd;ida[k; vdJ mk;kh Tg;gpl;lhh;/ ehd; tutpy;iybad;W brhd;djhy; Foj;J tpl;L ngha; gLj;jpUe;jjhy; fj;jpf; bfhz;oUe;jhh;/ mk;kht[k;. ehDk; brd;W J}f;f 4/8 https://www.mhc.tn.gov.in/judis Crl.A.No.116 of 2025nghndhk;/ mk;kh ngha; bcwy;g; bra;a[k; nghJ ehDk; gf;fj;jpy; ,Ue;njd;/ ehDk; ngha; J}f;f nghd nghJ. Vd; be";irg; gpoj;J vjphp gpu!; gz;zpajhy; vdJ mk;kh ifia vLlh ehna vd;W brhd;dhh;fs;/ mjw;F vjphp ,g;gojhz;o gz;Qqntd;. njtoah Kd;ilfsh vd;W jpl;odhh;/ ehd; Vw;fdnt ,e;j khjphp vjphp 3 khj';fSf;F Kd;g[ mk;kd; kcwhy; tPl;onyna rdp. "hapW yPtpy; tPl;oy; cl;fhh;e;J ncwhk; xh;f; bra;J bfhz;oUe;j bghGJ vjphp Kj;Jf;Fkhh; fl;oypy; cl;fhh;e;J bfhz;oUe;jhh;/ ehd; fPnH cl;fhh;e;J vGjpf; bfhz;oUe;njd;/ mg;bghGJ vdJ gf;fj;jpy; te;J vdJ ngz;il fHl;l te;jhh;/ ehd; vdJ mk;khtplk; brhy;yp tpLntd; vd gpshf; bkapy; bra;jhh;/ mjdhy; ehd; gae;J bfhz;L 3 khjkhf mk;khtplk; brhy;ytpy;iy/ ehd; 24/05/2020?k; njjp ele;jjhf Twpa rk;gtk; ele;j bghGJ khiy 6/00 kzp ,Uf;Fk;/ ,ij Vd; vd;dplk; brhy;ytpy;iy vd;W mk;kh vd;dplk; nfl;lhh;fs;/ brhd;dhy; bfhd;W tpLntd; vd;W kpul;oajhy; ehd; brhy;ytpy;iy vd;W brhd;ndd;/ ,Jnghy; ,J khjphp gz;z khl;lhh; vd;W epidj;njd;/ Mdhy; 24?k; njjp mg;go bra;jjhy;. bghs;shr;rp kfsph; fhty; epiyaj;jpy; brd;W vjphpapd; kPJ g[fhh; mspj;njd;/ 5/8 https://www.mhc.tn.gov.in/judis Crl.A.No.116 of 20257.The above statement was corroborated also by PW2, who is the mother of the victim girl. Thus is it clear that the appellant had committed offence under Section 7 r/w 8 of POCSO Act. Therefore, now this Court convicts the appellant for the offence under Section 7 r/w 8 of POCSO Act. As such, the judgment made in Special Calendar Case No.78 of 2020 dated 10.04.2023 on the file of the Principal Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore, is modified as follows: The order of conviction and sentence of imprisonment imposed on the appellant by the trial court for the offences under Sections 9(l), 9(n) punishable under Section 10 of POCSO Act, 2012, is set aside. The order of conviction and sentences of imprisonment imposed on the appellant by the trial court for the offences under Sections 294(b) & 506(i) of IPC is confirmed. 8.The appellant is now convicted for the offences under Section 7 punishable under Section 8 of POCSO Act, 2012. However, the period of sentences of imprisonment in respect of the conviction for the aforesaid offences shall be the period of sentence of imprisonment which has been undergone by the appellant so far. Therefore, the appellant/accused is directed to be set at liberty forthwith unless his custody is otherwise required in connection with any other case. 6/8 https://www.mhc.tn.gov.in/judis Crl.A.No.116 of 20259.In the result, this criminal appeal stands partly allowed. Consequently, connected miscellaneous petition is closed. 27.06.2025 lok (2/2)To1.The Principal Special Court for Exclusive Trial of Cases under POCSO Act, Coimbatore2.The Inspector of Police,All Women Police Station,Pollachi, Coimbatore District3.The Public Prosecutor,High Court, Madras.7/8 https://www.mhc.tn.gov.in/judis Crl.A.No.116 of 2025G.K.ILANTHIRAIYAN, J.lokCrl.A.No.116 of 2025 &Crl.MP.No.1204 of 202527.06.2025(2/2)8/8