SENTHIL Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in SPL.CC. No.7/2016 on the file of the Court Mahila Fast Track Court, Erode. The appellant/accused stood charged, tried and convicted for the commission of offences under Section 366 IPC ; Section 9 of Child Marriage Prohibition Act, 2006 and section 4 of the Protection of Children from Sexual Offences Act, 2012. [POSCO Act].

(2.) The Trial Court, vide impugned Judgment dated 30.09.2016, has convicted the appellant/accused as follows:- <FRM>JUDGEMENT_129_LAWS(MAD)11_2017_1.html</FRM> The Trial Court has acquitted the appellant/accused for the commission of the offence under section 9 of the Child Marriage Prohibition Act, 2006. The Trial Court further ordered the sentences to run concurrently and also granted set-off under section 428 Cr.P.C., 1973 The accused/appellant challenging the legality of the conviction and sentence awarded by the trial Court vide impugned judgment, has filed this Criminal Appeal.

(3.) The facts leading to the filing of this appeal, necessary for the disposal of this criminal appeal, are as follows:- 3. 1 The victim girl, at the time of the commission of the offence, was aged about 15 years and 2 months and therefore, this Court would indicate the victim as "Miss.H". 3. 2 P.W.1-Tmt. Parvathy, is the mother of the victim - "Miss.H". The victim "Miss.H" was staying with her parents and a resident of Oricherry Village and she was studying 11th standard in a Government Vinobha High School at Thalavaipettai. The appellant/accused was also a resident of the very same village. According to the mother of the victim/P.W.1, the victim "H", at about 2.15 p.m. on 11.10.2015 [Sunday] told her that she is going to her friend's house, viz., Kalyani, which is about half a kilometre away from her residence and she did return back for more than 1 hour and P.W.1 made a search and she also enquired with Kalyani and however, Kalyani told P.W.1 that victim did come to her house. On 12.10.2015, at about 2.15 p.m., her daughter, viz., the victim girl, returned with a Mangalsutra tied on her neck and when P.W.1 enquired, she told her that the appellant/accused induced her to marry him and therefore, took her from Oricherry Village Bus Stop to Bhavani and from there, they proceeded to Salem and from Salem, they went to a Perumal Temple near Law College in a share auto and on the way, on the way, the appellant/accused tied her the Mangalsutra in an Amman Temple and thereafter, on the Verandah of the said temple, he had physical relationship with her and they stayed overnight in the said place and on the next day, they proceeded from Salem to Erode and from the Bus Stand, the appellant/accused sent her to Oricherry village by boarding her in Route No.51 bus and she returned. 3. 3 P.W.1 proceeded to the All Women Police Station, Bhavani, and lodged a complaint under Ex.P.1. P.W.12, who was the Special Sub Inspector of Police attached to the said Police Station, on receipt of the complaint under Ex.P.1 from P.W.1, has registered a case in Cr.No.11/2015 for the offence under section 366 IPC and under section 6 of the Protection of Children from Sexual Offences Act, 2012, at about 19.45 hours on 12.10.2015. Printed FIR is marked as Ex.P.17. P.W.12 forwarded the original complaint [Ex.P.1] and the Printed FIR [Ex.P.17] to the jurisdictional Magistrate Court. 3. 4 P.W.13-Tmt.Rubi, was the Special Inspector of Police attached to the said Police Station at the relevant point of time. On receipt of the complaint under Ex.P.1 and FIR under Ex.P.17, took up the investigation and proceeded to Oricherry Bus Stop and in the presence of one Mani and Chinnasamy [P.W.4], prepared the Observation Mahazar and the Rough Sketch, which are marked as Exs.P.3 and 18 respectively. P.W.13 examined P.W.1, the victim girl "H" - P.W.2, P.W.3 and recorded their statements under section 161[3] Cr.P.C. P.W.13, on 12.10.2015, through the Head Constable Eswari, referred the victim girl "H" to the Government Headquarters Hospital at Erode for medical examination. 3. 5 P.W.15-Dr.Kokilavani, the Assistant Surgeon attached to the Government Headquarters Hospital, at Erode, had examined the victim girl/P.W.2 and noted the following features:-