AZHAGAN Vs. STATE BY THE INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellant, being the sole accused in Spl.S.C.No.23 of 2015 on the file of the Mahalir Neethimandram, Salem, has filed an appeal aggrieved by the judgment dtd. 29/6/2018, in and by which, he is found to be guilty for the offence under Sec. 6 r/w 5(k) and 5(j)(ii) of the POCSO Act and under Sec. 506(i) of the Indian Penal Code.

(2.) On 19/12/2013, P.W.1, the victim, appeared before P.W.12, the Sub-Inspector of Police, All Women Police Station, Kondalampatti and lodged a complaint to the effect that, she is aged about nineteen years and the appellant who is her neighbor, is aged about thirty years and she got acquainted with the appellant since she used to go to his house for watching television and about three months prior to the complaint, at about 10.00 PM in the night, the appellant called the victim for a physical relationship, when she refused, he forcibly pushed her down on the mud and since she attempted to shout, stuffed her mouth with a piece of cloth and had intercourse and since her periods stopped for the passed three months, when she was going to the medical shop to get some medicines to abort the foetus, the appellant's sister confronted her and upon which, she confessed the entire issue to her father and thereafter, the complaint is being lodged.

(3.) On the strength of the said complaint, P.W.12 registered a case in Cr.No.12 of 2013 for the offence under Sec. 376 and 506 (i) of the Indian Penal Code. Thereafter, P.W.13 and P.W.14 took up the case for investigation and during the investigation, since P.W.8, the school Headmaster, has given a certificate in Exhibit P.6, stating the date of birth of the child as 19/12/1996 and as per the same, since the girl was less than eighteen years of age at the time of occurence, the offence was altered into one under POCSO Act and laid the final report, proposing the appellant guilty for the offences.