M.R. Shah JUDGMENT
M.R. Shah, J.
1. Leave granted.
2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 29.04.2019 passed by the High Court of Judicature at Madras in Criminal Appeal No. 844 of 2018, the Appellant-original Accused has preferred the present appeal.
3. That the Appellant herein-original Accused was tried by the learned Fast Track Mahila Court, Dharmapuri for the offences punishable Under Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the "POCSO Act"). That relying upon the deposition of PW3-victim, who at the relevant time was studying in 5th standard and aged 13 years, convicted the Accused for the offence Under Section 7 of the POCSO Act and sentenced him to undergo three years rigorous imprisonment, which is the minimum sentence provided Under Section 8 of the POCSO Act. The learned trial Court also passed an order to pay rupees one lakh to the victim girl, by way of compensation, Under Rule 7(2) of the Protection of Children from Sexual Offences Rules, 2012.
4. Feeling aggrieved and dissatisfied with the judgment and order of conviction and sentenced passed by the learned trial Court, the Accused preferred appeal before the High Court being Criminal Appeal No. 844 of 2018. The appeal was taken up for further hearing on 24.04.2019. The High Court noted that there was no representation on behalf of the Appellant and therefore by order dated 24.04.2019 directed to remove the name of the Appellant's counsel and further directed the High Court Legal Aid Committee to appoint Legal Aid Counsel for the Appellant. The appeal was listed for further hearing on 29.04.2019. On 29.04.2019, the learned Legal Aid Counsel appearing for the Appellant made only submission with respect to compensation of rupees one lakh awarded by the learned trial Court awarded to the victim girl Under Rule 7(2) of the Protection of Children from Sexual Offences Rules, 2012. It was submitted on behalf of the Accused that he is unable to pay the compensation of rupees one lakh to the victim girl and pleaded leniency and requested to set aside the order of compensation awarded by the learned trial Court. That by the impugned judgment and order dated 29.04.2019, the High Court partly allowed the said appeal and modified the judgment and order passed by the learned trial Court with respect to compensation only and modified the said order to the effect that compensation amount shall be paid by the State to the victim girl and thereafter if the State finds that the Accused has got sufficient means, the same can be recovered from the Accused under the Revenue Recovery Act. The High Court dismissed the appeal so far as the conviction and imposition of sentence of three years rigorous imprisonment is concerned.
5. Feeling aggrieved and d........