MAHADEVAN Vs. STATE

JUDGEMENT

(1.) This appeal is filed by the accused, aggrieved by the judgment of the Session Judge Mahila Court, Perambalur dtd. 31/1/2019 in Special S.C.No.11 of 2018, whereby, the appellant is convicted for the offence under Sec. 363 of IPC and he is imposed a sentence of seven years rigorous imprisonment and fine of Rs.5,000.00(Rupees Five Thousand Only) in default of payment of fine, one year simple imprisonment and for the offence under Sec. 406 of IPC, he was imposed with a sentence of three years simple imprisonment and fine of Rs.5,000.00 (Rupees Five Thousand Only) and in default of fine, to undergo simple imprisonment for six months.

(2.) The case of the prosecution is that, on 5/1/2018, one Thenmozhi, mother of the victim child came to All Women Police Station, Perambalur and lodged a complaint to the effect that her daughter, who was aged 16 years at that time, was studying 10th Standard and since she was in relationship with the accused, she was stopped from School and was sent to Thiruppur for work and since, on 17/12/2017, her grandmother died, she was brought back to the village. However, on 26/12/2017, she went missing and the accused had taken her and she was rescued on 2/1/2018 and her daughter had disclosed that the accused had taken her to various places and had also taken 3 gram stud and 3 sovereign chain and Rs.10,000.00 cash from her and hence her mother lodged the said complaint on 5/1/2018.

(3.) On the said complaint, the case in Crime No.3 of 2018 was registered for offences under Ss. 363, 406 of IPC and Ss. 7 and 8 of the POCSO Act. PW16 Inspector of Police took up the case for investigation and laid charges before the Special Court, which was taken on file as Spl.S.C.No.11 of 2018. Charges were framed by the trial Court for the offences under Ss. 363, 406, 354A(1) of IPC and Ss. 7 and 8 of the POCSO Act. The accused denied the charges and stood trial.