P. Devadass, J.

APPELLANT:

This appeal, by the father of the complainant, is challenging the conviction and sentences passed against him under Section 376(1) and 506(ii) IPC by the learned Additional Sessions Judge, Mahalir Neethimandram, Coimbatore, on 28.1.2013, in the Sessions Case, in S.C.No.199 of 2010.

CONVICTION AND SENTENCE:

2. The Additional Sessions Judge convicted and sentenced the appellant to life with a fine of Rs.5,000/-, in default, 6 months Rigorous Imprisonment under Section 376(1) IPC and also convicted and sentenced him to 7 years Rigorous Imprisonment with a fine of Rs.3,000/-, in default, 3 months Rigorous Imprisonment under Section 506(ii) IPC. However, directed both the sentences to run concurrently.

PROSECUTION CASE:

3. The prosecution case, in brief, may be recounted as under :

(1) P.W.1 is the daughter of P.W.2 and the appellant. On 1.9.2006, they have brought P.W.1, an unwed pregnant girl of 16 years old, to Thayarammal Poly Clinic, Coimbatore. On examination, P.W.6 Dr.Geetha, found a foetus of 24 weeks in her womb. With the consent of her parents, on 2.9.2006, P.W.6 aborted it.

(2) On 31.7.2009, at B-7 Ramanathapuram Police Station, Coimb