K.RAMESH Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal filed to set aside the Judgment dated 10.03.2015, made in S.C.No.26 of 2014 on the file of the Mahila Sessions Judge, City Civil Court, Chennai.

(2.) The appellant is the sole accused in S.C.No.26 of 2014 and he was charged for offence under Sections 366(A) and 376 of IPC and Section 4 of the Protection of Children from Sexual Offence Act, 2012. The trial Court found the appellant was guilty of the offence punishable under Section 366(A) of IPC and sentenced him to undergo rigorous imprisonment for a period 7 years and to pay fine Rs.5,000/- in default to undergo simple imprisonment for a period of three months. Further found guilty of offence punishable under Section 4 of the Protection of Children from Sexual Offence Act, 2012 and sentenced him to undergo rigorous imprisonment for a period of 7 years and to pay fine Rs.5,000/- in default of fine to undergo simple imprisonment for a period of three months. The appellant was directed to undergo the sentences concurrently and there is no separate punishment under Section 376 of IPC.

(3.) The case of the prosecution is that PW1 father of the victim/PW3 lodged a complaint [Ex.P1] on 21.05.2013 that his minor daughter PW3 went to Grocery Shop at about 08.30 a.m on 20.05.2013 and thereafter she did not return back to home and found missing. On receipt of the complaint [Ex.P1], PW9 registered a case in Crime No.393 of 2013 for 'Girl Missing' and conducted the investigation. On 05.06.2013, PW9 got information that PW3 and the appellant were near Moore Market, Allikulam Complex. PW9 rushed to the said place, secured the victim/PW3 and arrested the appellant and altered the case from 'Girl Missing' into Section 366(A) and 376 of IPC. Thereafter, recorded the statements of PW1, PW2, PW4 and PW5 and subjected the victim/PW3 and the appellant for medical examination. Since, the victim/PW3 was a minor girl, offence under Section 7 of the POCSO Act was included. On completion of investigation in Crime No.393 of 2013, charge sheet was filed and taken on file by the learned Judicial Magistrate No.II, Egmore in P.R.C.No.147 of 2013 and the learned Magistrate committed the case for trial before the Mahila Sessions Judge, City Civil Court, Chennai in S.C.No.26 of 2014 and charges were framed against accused under Sections 366(A) and 376 of IPC and Section 4 of the Protection of Children from Sexual Offence Act, 2012.