CRL A/385/2022 of DURAIMURUGAN Vs STATE REP BY on 30 September 2026

JUDGMENT

The appellants/accused in Spl.S.C.No.190 of 2019 convicted by the Trial Court by judgment dated 21.02.2022 and sentenced to undergo three years rigorous imprisonment each and to pay a fine of Rs.20,000/- each, in default, to undergo six months simple imprisonment for the offence under Section 11(4) r/w. 12 of Protection of Children from Sexual Offences Act (POCSO Act). Aggrieved against the same, the appellants preferred the present appeal.

2. The gist of the case is that in this case, there are two victims, the first victim is aged about 14 years studying 9th Standard and the second victim is aged about 15 years studying 10th Standard at Nadupatti Government Higher Secondary School. The appellants belong to Valluvar Street, Kadayampatti Taluk, Salem District and the victims belong to Kadayampatti Taluk, Salem District. On 18.07.2018 at about 8.30 a.m., when the victims were proceeding to their School, the appellants followed them and questioned them as to why they are not having any love relationship with them. The victims refused, at that time, the appellants informed that they got video recordings of the victims going to attend nature’s call and if they refused to have love relationship with them, they would upload it in social media. Again on 19.07.2018, the appellants followed the victims and informed the same. On the same day at about 8.00 a.m., PW2/second victim went to Chettiar shop and purchased cow dung powder, both the victims went near Vivekananda School, at that time, the appellants followed them again and caused harassment. Thereafter, the victims went to the rear side of Vivekananda School, mixed the cow dung powder in the water, consumed it and went to School. The first victim fainted in the classroom, the Class Teacher Venkatavelavan enquired her and she informed about consuming cow dung powder. PW2 was enquired and she confirms the same. Thereafter, both the victims were taken to Hospital where the mother and grandfather of the first victim and the grandmother of the second victim were there in the Hospital. From the Hospital, information sent to Police and thereafter, the Police came there, enquired the victims, recorded the statements and registered FIR. PW15/Casualty Doctor attached to Government Mohan Kumaramangalam Medical College Hospital gave treatment to the victims and issued Accident Registers, Ex.P30 and Ex.P31. Thereafter, the victims were produced before the Magistrate, 164 statement recorded and on conclusion of investigation, charge sheet filed. During trial, PW1 to PW15 examined, Ex.P1 to Ex.P31 marked and M.O.1 series (2 mobile phones) produced on the side of the prosecution. On the side of the defence, no witness examined and no documents marked. On conclusion of trial, the Trial Court convicted the appellants as stated above.

3. The learned counsel for the appellants submitted that the appellants belong to marginalised Scheduled Caste community and the victims/PW1 and PW2 belong to Boer community, both are residing in the same village. PW4/grandmother of the second victim admits that there was some animosity between two groups and the persons belonging to Scheduled Caste community used to have affair with Boer community and later cheat them, hence the victims were warned not to talk with the appellants. PW3/mother of the first victim confirms the animosity. In this case, though PW1 and PW2 state that they have been continuously stalked by the appellants but no public witness examined, either on the way to School or any other classmates. The other independent witnesses, namely, PW6, PW9 and PW12 not supported the case of the prosecution. Due to communal disharmony, the appellants have been falsely implicated in this case. He further submitted that at the time of occurrence, both the appellants are aged between 19 years and 21 years, in their teenage due to physiological change they might have shown interest to the opposite sex and at that time, they do not look at the colour of the skin or the caste, it is only a psychological change which was expressed by them and the same has been now projected as though the appellants had been targeting the victims’ community and false case has been projected. He would further submit that in this case the victims purchased cow dung powder from Chettiar shop but neither the Chettiar shop was identified nor the water bottle from which they consumed cow dung powder mixed water seized. In this case, PW1 and PW2 were initially taken to Kadayampatti Primary Health Centre and from there the victims were referred to Government Mohan Kumarangalam Medical College Hospital, Salem but no medical records or evidence produced to show what was the treatment given at Kadayampatti Primary Health Centre as well as in the Government Mohan Kumaramangalam Medical College Hospital except for the Accident Registers/Ex.P30 and Ex.P31. In Ex.P30 and Ex.P31, it is recorded that mother and grandmother of the victims informed that the victims consumed cow dung powder but the medical records are not in confirmity to the same. Further, it has been projected that the appellants threatened the victims/PW1 and PW2 that they would upload the obscene videos of PW1 and PW2 but PW14/Investigating Officer confirms that in the mobile phones of the appellants, no such pictures or videos found. Thus, an exaggerated version has been given and a normal human conduct at the teens age have been blown out of proportion and the appellants have been implicated in this case. The appellants were arrested and they were in prison for 45 days as under trial prisoners. Both the appellants are Diploma holders and due to the above case, they are unable to get any employment.

4. The learned Additional Public Prosecutor opposed the appellant’s contention and submitted that in this case there are two victims who are aged about 14 years and 15 years, studying 9th and 10th Standards respectively. The victims and the appellants belong to same Village. The appellants followed the victims constantly and caused harassment. On 18.07.2018, the appellants followed the victims and forced them to have a love relationship with them which was refused, at that time, they informed that they captured videos and photographs when the victims went to attend the nature’s call. Again on 19.07.2018 when the victims were passing through Vivekananda School, the appellants followed them again and threatened. Not knowing what to do, the victims went to Chettiar Shop, purchased cow dung powder, consumed it by mixing it water and went to Classroom. PW1 fainted and the Class Teacher enquired, at that time, she informed about the consumption of cow dung powder and the reason for consumption. She also informed about PW2 who also consumed it along with PW1. Both PW1 and PW2 rushed to Kadayampatti Primary Health Centre and from there, they were taken to Government Mohan Kumaramangalam Medical College Hospital, Salem. PW15 is the Casualty Doctor who confirms that on 19.07.2018 the first victim was brought by her mother and the second victim was brought by her grandmother and the victims taken treatment as inpatient. On 20.07.2018 PW13 received information from Government Hospital, who visited the Hospital, recorded the statement of PW1 and PW2 and registered FIR. PW14 took up investigation on the same day, visited the scene of occurrence, prepared observation mahazar and rough sketch in the presence of witnesses, examined the victims and Doctor who gave treatment to the victims. On the same day, information received that the appellants were in the Bus stop, both the accused arrested, they gave confession and two mobile phones (MO1 series) seized. The victims produced before the Magistrate and their 164 statement recorded which is marked as Ex.P2 and Ex.P3. The School Certificates of the victims, Ex.P4 and Ex.P5 marked through PW5/Headmaster of Nadupatti Government Higher Secondary School. Thus the victims who are minors attempted to commit suicide by consuming cow dung powder due to the harassment caused by the appellants and due to the timely medical care, the victims were saved. Ex.P30 and Ex.P31 confirms the same. On completion of investigation, charge sheet filed. During trial, PW1 to PW15 examined, Ex.P1 to Ex.P31 marked and M.O.1 series (2 mobile phones) produced on the side of the prosecution. On the side of the defence, no witness examined and no documents marked. She further submitted that victims’ statements have been consistent, confirmed in their evidence about the harassment caused by the appellants continuously, unable to bear the harassment any further they have taken the extreme step of committing suicide. Thus, on the medical evidence and materials, the Trial Court had rightly convicted the appellants. Hence prayed for dismissal of the appeal.

5. Considering the submissions made and on perusal of the materials, the primary ground raised by the appellants is that the appellants belong to Scheduled Caste community and the victims belong to Boer community, there was some animosity between them which is confirmed by PW3 and PW4, mother and grandmother of the victims. Both the appellants were in their teens and they expressed their love and wish to PW1 and PW2. The reason for consuming cow dung powder by the victims is not known. Had the appellants been the reason, they could have informed PW15/Doctor about the same but in

Ex.P30 and Ex.P31, there is no reference that at the instance of the appellants, PW1 and PW2 consumed cow dung powder and attempted suicide. In this case, the evidence of PW1 and PW2 are inconsistent with their 164 Statement/Ex.P2 and Ex.P3, in which it is seen that the appellants following the victim girls, PW1 and PW2 on 18.07.2018 and 19.07.2018 is clearly narrated. Further, it is seen that the appellants informed the victims that some photographs of them are in their mobile phones and they would upload in the social media. Unable to verify the same and not knowing the contents of it, in a haste, the victims might have taken the extreme step and the Investigating Officer admits that there is no such photographs or videos of the victims found in MO1 series (two mobile phones). As far as the harassment by the appellants is concerned, it has been clearly narrated by PW1 and PW2 consistently. The prevailing animosity between two communities and further no pictures or videos found in MO1 series would confirm that the appellants at their teens due to physiological change and urge had expressed their love in a different way which was not acceptable to the victims. It is a love proposal which caused some harassment. Thus the conviction under Section 12 of POCSO Act is sustainable but considering the background of animosity, this Court finds that imposing the maximum punishment of three years is disproportionate. In view of the same, this Court is inclined to modify the sentence of the appellant.

6. The appellants as under trial prisoner were in prison for 32 days from 20.07.2018 and they were granted bail on 20.08.2018. Hence, the sentence of three years imposed by the learned Sessions Judge, Special Court for POCSO Cases, Salem in Spl.S.C.No.190 of 2019 dated 21.02.2022 for the offence under Section 11(4) r/w. 12 of POCSO Act is modified as period already undergone by the appellants.

7. In the result, the Criminal Appeal stands partly allowed. 30-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No cse

To

1. The Inspector of Police, Theevattipatty Police Station, Salem District.

2. The Sessions Judge, Special Court for POCSO Act Cases, Salem.

3. The Public Prosecutor, High Court, Madras.

M.NIRMAL KUMAR, J. cse CRL.A.No.385 of 2022 30-09-2026