S. NAGAMUTHU, J.

The appellant is the sole accused in Spl. S.C.No.16 of 2015 on the file of the Fast Track (Mahila Sessions Court), Erode [Special Court under The Protection of Children from Sexual Offences Act, 2012. He stood charged for offences under Section 366 of IPC, Section 9 of The Prohibition of Child Marriage Act, 2006 and Section 6 of the Protection of Children from Sexual Offences Act, 2012 [in short, the POCSO Act]. By judgement dated 03.09.2015, the trial court acquitted the accused from the charge under Section 9 of the Prohibition of Child Marriage Act, 2006, however, convicted him under Section 366 of IPC and Section 6 of the POCSO Act and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for two years for the offence under Section 366 of IPC; and to undergo imprisonment for life and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for two years for offence under Section 6 of the POCSO Act. Challenging the above said conviction and sentences, the accused is before this court with this criminal appeal.

2. The case of the prosecution in brief is as follows:- P.W.1 is the mother of P.W.2. At the time of occurrence, P.W.2 was aged 17 years and ten months. They were residing at Thannerpanthal Palayam, Kanchikovil in Erode District. The husband of P.W.1 died some time before. P.W.2 was working in a private company at SIPCOT in Erode. P.W.2 used to go to the said company in the bus belonging to the company. The accused was working as a driver in the said company. On 16.03.2014, around 05.00 p.m., according to the case, P.W.2 was at her house alone at Thanneerpanthal Palayam, the accused spoke to her over phone and requested her to come out of the house. P.W.2 told that she would not come out. Then, the accused assured her over phone that he would marry her. P.W.2 got persuaded by the words of the accused. Thereafter, she came out of the house and went to the place where the accused was waiting in his motor cycle. Then, both of them went to Appakudal Ayyampalayam Village in the motor cycle to the house of a friend of the accused where they stayed for few days. Thereafter, the accused took her in the motor cycle to Pollachi to the house of one Mannan who was also a friend of the accused. At Pollachi, the accused and P.W.2 joined a private company thereby securing employment. While they were staying together at the house of Mannan, it is alleged that the accused had sexual intercourse with her.

3. Since P.W.2 was found missing, P.W.1's husband made a complaint to Kanchikovil Police Station on 20.03.2014 at 01.30 p.m. On the said complaint (Ex.P.7), a case was registered in Crime No.33 of 2014 for "Girl Missing". Ex.P.8 is the FIR. During the course of investigation, the accused was arrested by the investigating officer on 25.03.2014 at 03.00 p.m. P.W.2 was also secured. Then, statement of P.W.2 was recorded and she was sent for medical examination. The accused was also sent for medical examination. The medical examination revealed that she had been subjected to sexual intercourse. The medical examination of the accused revealed that he was capable of performing penile sexual intercourse with a woman. On completing the investigation, he laid charge sheet against the accused.

4. Based on the above materials, the trial court framed three charges as detailed in the first paragraph of this judgement. The accused denied the same. In order to prove the case, on the side of the prosecution, as many as 13 witnesses were examined, 16 documents and 2 material objects were marked.

5. Out of the said witnesses, P.W.1, the mother of P.W.2 has stated that P.W.2 was working in a private company at SIPCOT. P.W.1 was also working somewhere. According to P.W.1, when she returned home, she found her daughter (P.W.2) missing. Thereafter, according to P.W.1, her husband made a complaint to the police. P.W.2, the victim girl, has