Case Note & Summary
The instant criminal appeal preferred by the sole accused challenged the judgment dated 17.03.2021 rendered by the Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi, in Spl.S.C.No.186 of 2019. The trial court convicted the appellant under Sections 366(A) and 493 of the Indian Penal Code and Section 5(1) read with 6 of the Protection of Children from Sexual Offences Act, 2012, sentencing him to rigorous imprisonment for three years, three years, and life imprisonment respectively, with fine defaults. The prosecution case, in brief, was that on 01.03.2016, the victim girl, aged 16 years and studying in 12th standard, left her parents’ home in Muthiapuram under the pretext of visiting a friend’s house to download songs. She did not return, prompting her father to lodge a missing person complaint (Ex.P1) at Muthaiahpuram Police Station. An FIR (Ex.P9) was registered under ‘Girl Missing’. Investigation revealed that the accused had telephoned the victim and asked her to come to Nahar bus stand. They traveled to Tirunelveli and Madurai, where the accused tied a thali (mangalsutra) around her neck at Meenakshi Temple, making her believe it was a lawful marriage. Thereafter, they went to Theni and stayed at his uncle’s house, during which the accused had repeated sexual intercourse with the victim. The victim and accused were recovered on 06.03.2016 from Thoothukudi Bus Stand. The victim’s statement was recorded, and sections were altered to include Section 366(A) IPC and Section 4 of the POCSO Act. Medical examination of the victim on 08.03.2016 revealed hymen ruptured and vagina not intact, with a history of sexual contact. The accused was arrested and medically examined, with no evidence of impotency. After investigation, a final report was filed on 23.06.2016 for offences under Sections 366 and 493 IPC and Section 5(1) read with 6 of the POCSO Act. The trial court framed charges, examined 17 witnesses and marked 12 exhibits, and upon full trial, convicted the accused. In appeal, the appellant contended that the victim voluntarily eloped due to a love affair, that her parents were aware, and that no kidnapping or forced sexual act occurred; thus the prosecution case was false. The State, through the Additional Public Prosecutor, argued that the victim was undeniably a minor as per the birth certificate (Ex.P10) showing her date of birth as 06.06.1999, making her consent immaterial. The victim’s consistent testimony about the sexual acts and the medical evidence corroborated the charges. The High Court, after hearing both sides, reserved the matter and pronounced judgment on 28.03.2025. However, the excerpt of the judgment provided does not include the final analysis, findings, or operative order; the text cuts off mid-sentence after noting that the victim’s evidence was supported by medical evidence. Consequently, the final holding of the High Court on the appeal remains unspecified in the available material.
Issue of Consideration
Whether the judgment rendered by the trial Court is proper or liable to be set aside.
Final Decision
Decision not clearly stated
Law Points
- Legal points not extracted
Case Details
2025 LawText (MAD) (03) 206
Dr. Justice G. Jayachandran, Ms. Justice R. Poornima
Mr. S. Srikanth (Legal Aid Counsel), Mr. E. Antony Sahaya Prabahar (Additional Public Prosecutor)
The State rep. by The Inspector of Police, Muthaiahpuram Police Station, Thoothukudi District.
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Nature of Litigation
Criminal appeal against conviction under POCSO Act and IPC for kidnapping and sexual assault of a minor girl.
Remedy Sought
Appellant seeks to set aside the conviction and sentence imposed by the trial court and acquit him of all charges.
Filing Reason
Conviction by the Special Court under POCSO Act for alleged kidnapping and sexual intercourse with a minor, which the appellant contends is based on false implication.
Previous Decisions
Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi, in Spl.S.C.No.186 of 2019, convicted the appellant under Sections 366(A) and 493 IPC and Section 5(1) r/w 6 POCSO Act, sentencing him to rigorous imprisonment for three years, three years, and life imprisonment respectively, along with fines.
Issues
Whether the trial court's judgment is proper or liable to be set aside.
Submissions/Arguments
Appellant argued that victim had a love affair and eloped voluntarily; parents were aware and wanted to stop her education; no kidnapping against her wish; false case foisted.
Respondent argued that victim was a minor, kidnapped, tied thali in temple to make her believe it was lawful wedlock, had continuous sexual intercourse; victim's statement supported by medical evidence; conviction proper.
Ratio Decidendi
Ratio not explicitly mentioned
Judgment Excerpts
Ten days before the incident, he had received intimation that his daughter was speaking with a boy in front of her school.
her daughter was about to leave the house with her laptop... she said she was going to her friend's house to download songs into her laptop
Hymen ruptured Vegina not intact, admits two fingers.
she had sexual contact with a known person.
the age of the minor girl was 16 years, eight months and 24 days.
the accused called her over the phone and asked her to come to Nahar bus stand. She left the house and went with him to Tirunelveli and Madurai. He took her to Meenakshi Temple and tied a thali.
the trial Court convicted the accused for the offence punishable under Sections 366(A), 493 of IPC and under Section 5(1) r/w.6 of Protection of Children from Sexual Offences Act, 2012
Procedural History
On 01.03.2016, the victim girl aged 16 left home and did not return; her father lodged a missing complaint. FIR was registered. Investigation commenced on 02.03.2016. The victim and accused were recovered on 06.03.2016 and the sections were altered to include kidnapping and POCSO. The accused was arrested on 06.03.2016. The victim underwent medical examination on 08.03.2016, and the report was received on 09.03.2016. The case was transferred to All Women Police Station on 10.03.2016. A final report was filed on 23.06.2016 under Sections 366 and 493 IPC and Section 5(1) r/w 6 POCSO. The Special Court in Spl.S.C.No.186 of 2019 convicted the accused on 17.03.2021. The appeal was filed, and the High Court reserved judgment on 04.03.2025 and pronounced on 28.03.2025.
Acts & Sections
- Indian Penal Code, 1860: 366(A), 493
- Protection of Children from Sexual Offences Act, 2012: 5(1), 6
- Code of Criminal Procedure, 1973: 164, 207, 374
