MURUGANANTHAM Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) The appellant was found guilty by the learned Sessions Judge, Mahalir Neethimadram (Fast Track Mahila Court), Thoothukudi, in S.C.No.15 of 2014, dated 17.04.2015 for the offence punishable under Section 366 IPC and Section 4 of POCSO Act, convicted and sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs.1,000/- in default rigorous imprisonment for 6 months for the offence punishable under Section 366 IPC and also convicted and sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs.2,000/- in default to undergo rigorous imprisonment for six months for the offence punishable under Section 4 of POCSO Act. The sentences were ordered to run concurrently. As against the order dated 17.04.2015, passed by the trial Court, the present appeal is filed.

(2.) The brief facts of the prosecution case, in a nutshell, are as follows:

(3.) During the trial, on the side of the prosecution, 15 witnesses were examined and 12 documents were marked and no material object was marked. P.W.1 Mariappan is the father of the victim girl, who set the law in motion and he speaks about the complaint (Ex.P.1). P.W.2, Muthumari is victim child and she narrated the occurrence, her physical relationship with the appellant/accused. P.W.3, Thangamariammal is the mother of victim and she speaks about the missing of her daughter from 04.05.2013 and the search made by them and the lodging of complaint(Ex.P.1). P.W.4 was examined for the observation mahazor and P.W.5 and P.W.6 are residents of Keelavilathikulam, who brought appellant's TVS 50 Mopet on 04.05.2013 from Vilathikulam Bus Stand. P.W.7, Valliraj, is known to the accused and according to him, the accused handed over the key of his TVS 50 Mopet to him on 04.05.2013 and made a request to hand over the same in his house. P.W.8 is the Doctor, who examined the accused and issued medical certificate(Ex.P.5) and P.W.9 is the Doctor, who examined victim girl and issued medical certificate (Ex.P.7). P.W.10 is the Radiologist, who issued the age certificate (Ex.P.8) for the victim girl. P.Ws.11 and 12 are the Constable, who produced the accused and the victim child for medical examination respectively. P.W.13 is the then Sub Inspector, who registered the case in Crime No.53 of 2013 on 15.05.2013 and also rescued the victim girl on 22.07.2013 from Vilathikulam Bus Stand. P.W.14 is the Inspector of Police, who conducted preliminary investigation and P.W.15 is the Inspector of Police, who conducted further investigation and filed the final report.