AZHAGUDURAI Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal arises out of the conviction and sentence imposed by the learned Fast Track Mahila Judge, Ariyalur, in S.C.No.1 of 2016 dated 16.03.2016, wherein the appellant was acquitted under Section 450 of IPC and found guilty for the offence under Section 6 of POCSO Act, 2012 and sentenced to undergo rigorous imprisonment for a period ten years and ordered to pay a fine of Rs.50,000/-, in default two years simple imprisonment.

(2.) The case of the prosecution is that PW12/defacto complainant, the wife of the appellant lodged a complaint [Ex.P13] dated 17.04.2015 on the premise that her husband on 18.01.2015 married PW1, the minor girl aged about 16 years by deserting her and his son Praveen Kumar aged about 14 years. The family members of the appellant had supported the child marriage. On registration of the F.I.R against the appellant and his family members in Crime No.5 of 2015 for the offence under Sections 9 and 10 of Prohibition of Child Marriage Act 2006, investigation was carried out by PW13. After concluding the investigation, recorded the statements under Section 164 of Cr.P.C of PW1 and PW2 and subjected to Medical Examination and collected School Certificates of PW1 from PW7 and further as per the Ex.P1 disclosed that baby Varunesh was born to appellant and PW1. On 27.10.2015, the respondent Police filed a charge sheet against the appellant for the offence under Sections 450 of IPC r/w 5 J (ii), (I) r/w 6 of POCSO Act, 2012 and dropped the case against other accused.

(3.) Before trial Court, prosecution examined 13 witnesses and marked 16 exhibits. None were examined on the side of defence and no exhibits were marked. Ex.C1 has been marked as Court Side Exhibit.