1. This Criminal Appeal is filed against the judgment dated 18.08.2014 in S.C.No.19 of 2014 on the file of the Magalir Needhimandram, Fast Track Mahila Court, Tiruppur, in and by which, the appellant/accused was convicted for the offence under Section 376(1) IPC and sentenced to undergo seven years rigorous imprisonment and to pay fine of Rs.500/-, in default, to undergo one month simple imprisonment. The trial Court acquitted the appellant/accused of the charge under Section 366-A IPC.

2. The case of the prosecution leading to conviction of the appellant/accused is as follows:

On 31.08.2010, P.W.3 victim girl, studying IX standard, left the house for school at about 8.30 a.m. and on her way to the school, near Kunnathur Bus Stand, the appellant/accused forcibly kidnapped P.W.3 in Omni Van and took her to Kaliamman Temple and forcibly married her. Thereafter, at about 10 p.m., the appellant/accused took her to his house at Thoppur and forcibly committed rape on her. Since P.W.3 victim girl who left the house for school, had neither attended the school, nor had returned home, her father, i.e. P.W.1, on hearing the same from the school teacher and students, lodged a complaint (Ex.P-2). The said complaint was received by the Sub-Inspector of Police - Yasodha, of All Women Police Station, Avinashi and a case in Crime No.31 of 2010 was registered as "girl missing". Ex.P-10 is the FIR. She forwarded a copy of the complaint/FIR to the concerned Magistrate and also to P.W.10 Inspector of Police. Thereafter, P.W.10 Inspector of Police proceeded to the place of occurrence and examined the witnesses and recorded their statements. On 01.09.2010, P.W.10 enquired one Dhanabakiyam. On 02.09.2010, P.W.1 father of the victim girl, identified his daughter and the accused near Kunnathur Bus Stand. P.W.10 recorded the statement of P.W.3 victim girl. The accused and P.W.3 victim girl were brought to Police Station and the offence was altered into one under Sections 366 and 376 IPC. Ex.P-11 is the alteration report. On 02.09.2010 at about 6 p.m., P.W.10 arrested the appellant and recorded his confession statement in front of the witnesses and he was sent to judicial custody. P.W.10 recovered the material objects and recorded the statement of the other witnesses. P.W.10 sent the victim girl / P.W.3 for medical examination with Women Constable. As P.W.10 was subsequently transferred to another Police Station, she handed over the file to her successor-P.W.11. P.W.11 received the medical reports and recorded the statement of Doctors. After completing all formalities and after completing the investigation, P.W.11 filed charge-sheet before the trial Court, which was taken on file by the trial Court in S.C.No.19 of 2014. During the course of trial, on the side of prosecution, P.Ws.1 to 11 were examined, Exs.P-1 to P-12 were marked and M.Os.1 to 5 were produced. When the appellant/accused was questioned under Section 313 Cr.P.C., he denied his complicity in the crime. He neither examined any witness nor marked any document. Upon hearing the submissions of both sides and considering the oral and documentary evidence available on record, the appellant/accused was convicted and sentenced by the trial Court as stated above. Challenging the said conviction and sentence, the appellant/accused has filed this appeal.

3. Learned counsel for the appellant/accused submitted that when the trial Court acquitted the appellant/accused in respect of the offence under Section 366-A IPC, it ought to have acquitted him in respect of the offence under Section 376(1) IPC also. Learned counsel further submitted that P.W.5 Doctor who examined the appellant/accused, stated that no evidence could be found to show that the appellant/accused had sexual intercourse recently. But, according to the case of the prosecution, the appellant has committed rape without the consent of P.W.3 victim girl. Though P.W.6 Doctor who examined P.W.3 victim girl, stated in her evidence that th