Dismissed

Kadhar Moidheen v. the State Rep by Its

Madras HC13 Feb 2024CRL A/694/2018

Case brief

AI extract

What is this about?

The Madras High Court disposed of a criminal appeal filed by a teacher convicted of aggravated sexual assault against two minor students at a mosque. The Court affirmed the lower court's conviction and sentence, rejecting the appellant's claim that the case was a false narrative.

What did the court decide?

The criminal appeal was dismissed and the conviction and sentence of 7 years rigorous imprisonment along with fine were confirmed.

Kadhar Moidheen Vs the State Rep by Its — Child Sexual Offences (POCSO) | Madras HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Crl.A.No.694 of 2018

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CORAM

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THE HONOURA B L E MRS . J U S T I C E R.KA L A I M A T H I

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Crl.A.No.694 of 2018

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Kadhar Moidheen ... Appellant / Sole Accused

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Vs.

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The State Represented by The Inspector of Police, All Women Police Station North, Tiruppur, Tiruppur District. ... Respondent / Complainant

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Pra y e r : The Criminal Appeal filed under Section 374 (2) Cr.P.C., to set aside the Conviction and Sentence imposed in Spl.S.C.No.42 of 2017, dated 17.10.2018 on the file of the Magalir Neethimandrum (Fast track Court) Tiruppur.

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JUDGM E N T

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This Criminal Appeal is filed by the sole accused challenging the Judgment made in Spl.S.C.No.42 of 2017, dated 17.10.2018 on the file of the Magalir Neethimandrum (Fast Track Mahila Court) Tiruppur wherein the appellant / accused was found guilty for the offence under Sections 9(f) 9(l) and 9 (m) r/w. Section 10 of Protection of Children from Sexual Offences Act, 2012 (in short POCSO Act, 2012) and was convicted and sentenced to undergo https://www.mhc.tn.gov.in/judis 1/21

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Crl.A.No.694 of 2018

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Rigorous Imprisonment for 7 years along with fine of Rs.20,000/- for each offence and in default of payment of fine, the accused to undergo Rigorous Imprisonment for 1 years for each offence and the sentences to run concurrently.

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The case of the prosecution in a nutshell is given hereunder:

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The Victims are two minors namely 'X' and 'Y' who are aged 12 years and 10 years respectively. The defacto complainant who is the mother of the victims sent the minor girls to the Mosque situated at Thirumuruganpoondi, Tiruppur to learn Arabic language. The accused Kadhar Moidheen was a Hajarath / Arabic Teacher in the said Mosque. The Arabic classes were being conducted from 6.30 a.m to 7.15 a.m at morning hours and from 6.00 p.m. to 6.30 p.m in the evening time. On 01.05.2017, the minor girls 'X' and 'Y' went to Madharsha/ Mosque to learn Arabic and after the classes got over, when they were about to return home, the accused took the minor girls 'X' and 'Y' to the terrace of the Mosque, hugged both victims, kissed and pressed their breasts with his hands and asked minor girls 'X' and 'Y' to rub his male organ and forced them to place it in their mouth and sat between them and inserted his fingers into their vagina and thereby committed penetrative sexual assault on the victims 'X' and 'Y'. He committed the same sexual assault repeatedly till

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13.05.2017.

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What is this about?

What did the court decide?

What the court decided

A compact analysis

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