Protection of Children from Sexual Offences Act, 2012 (POCSO Act) – Sections 7, 8, and 29; Indian Penal Code, 1860 (IPC) – Section 506(ii); Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) – Section 3(1)(w)(i) r/w 3(2)(va); Code of Criminal Procedure, 1973 (Cr.P.C.) – Sections 164, 207, 313.
This appeal challenged the conviction and sentence by the Mahalir Neethi Mandram (Fast Track Mahila Court), Tiruppur, for offences including sexual assault and criminal intimidation. The appellant was convicted for sexually assaulting a 15-year-old minor, who belonged to the Scheduled Caste community and was cared for by her grandparents. The incident involved the accused, a Tractor driver from a Backward Community, pulling the victim into a bathroom and sexually assaulting her, followed by threats to prevent reporting.
The appellant’s counsel argued for setting aside the conviction, citing significant delays in lodging the First Information Report (FIR) and recording the victim’s statement under Section 164 Cr.P.C., which allegedly led to tutoring.