LAWS(MAD)-2017-4-126

GANESAN Vs. STATE OF TAMIL NADU

Decided On April 27, 2017
GANESAN Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) This is a case of child abuse. The appellant herein is the sole accused in S.C. No.123 of 2013 on the file of the learned Sessions Judge, Magalir Needhi Mandram (Fast Track Court), Erode. He stood charged for the offences punishable under Sec. 3(a) read with Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 and Sec. 506(i) of the Indian Penal Code. After trial, by Judgment dated 14.07.2014, the Trial Court has found the appellant guilty under both the charges, convicted thereunder and sentenced him to undergo imprisonment for life and to pay a fine of Rs.10,000.00, in default to undergo simple imprisonment for one for the offence under Sec. 3(a) read with Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 and imposed a fine of Rs.1000.00, in default to undergo simple imprisonment for one month for the offence under Sec. 506(i) of the Indian Penal Code. The trial court further directed the State Government to pay Rs.1,00,000.00, as compensation, from and out of the Victim Assistance Fund. Challenging the said conviction and sentence, the appellant is before this Court with this appeal.

(2.) The case of the prosecution, in brief, is as follows :

(3.) Tear on ? hymen."