IRFAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Appeal has been filed against the Judgment dtd. 20/11/2018 in Spl.S.C.No.43 of 2015 by the learned Sessions Judge, Fast Track Mahila Court, Krishnagiri.

(2.) The case of the prosecution is that the victim girl, who is aged about 14 years at the time of occurrence, was studying 9th standard. On 1/4/2015 one Shajahan (A1) aged about 24 years convinced the victim girl and took away her from the custody of her lawful guardians without their consent to Tiruppur and had committed penetrative sexual assault. It is further alleged that Irfan (A2)/ the appellant herein had abetted for the said offence.

(3.) The respondent-Police registered a case in Crime No.199 of 2015 against A1 and A2/the appellant herein for -girl missing-, subsequently it was altered into Sec. 366(A), 120(B) IPC r/w Ss. 3 and 4 of The Protection of Children from Sexual Offences Act, 2012 [hereafter referred to as -POCSO Act- for the sake of convenience]. On completion of investigation, the respondent police filed a charge sheet before the learned Sessions Judge, Fast Track Mahila Court, Krishnagiri and the same was taken on file in Spl.S.C.No.43 of 2015. After completing the formalities, the trial Court framed charges against A1 for the offence under Sec. 366 IPC and Sec. 5(l) punishable under Sec. 6 of POCSO Act; insofar as A2/the appellant herein concerned, the trial Court framed charges for the offence under Ss. 366(A) r/w 109 IPC.