No explanation has been given for what reason the victim was not produced before the learned Magistrate, as per Section 25 and 27 of Protection of Children from Sexual Offences Act, 2012, which is mandatory in nature. There is no forcible entry and house trespass in this case.

JUDGMENT :

Prayer: Criminal Appeal filed under Section 378 of the Code of Criminal Procedure, to set aside the Judgment in the Special Sessions Case No.8 of 2015 dated 30.06.2015 dated 30.06.2015 passed by the Fast Track Mahila Court, Ariyalur and allow the criminal appeal.

1. This appeal arises out of the conviction and sentence imposed by the learned Fast Track Mahila Judge, Ariyalur in S.C.No.8 of 2015 dated 30.06.2015, wherein the appellant was tried for the offence punishable under Sections 6 of the Protection of Children from Sexual Offence Act, 2012 , 2012 and 450 of IPC. The learned trial Judge has convicted the appellant for offence under Section 6 of the Prevention of Child from Sexual Offence Act, 2012 and sentenced him to undergo 10 years rigorous imprisonment and to pay a fine of Rs.1,00,000/- in default, sentenced to undergo one year rigorous imprisonment and for the offence under Section 450 of IPC, the appellant was sentenced to undergo two years of rigorous imprisonment and to pay a fine of Rs.10,000/- in default, sentenced to undergo six months of rigorous imprisonment.

2. The background facts, as projected by the prosecution are as follows:

2.1. The victim/PW2 is a minor daughter of PW1/defacto complainant. The appellant is a relative and used to visit the house of the victim/PW2 often. During the month of February 2014, the victim’s father PW1, met with an accident and was taking treatment in a hospital at Chennai. The victim’s mother was attending to him and the victim was alone in her house. Taking advantage of the absence of the parents of victim, the appellant made a love proposal to the victim and the same was refused by her. Thereafter, during February 2014, the appellant deceived the victim with his honey coated words and had sexual intercourse with her. Further, the appellant had informed the victim that she should not divulge the happenings outside, otherwise, he would commit suicide and leave her note of it. Thereafter on two or three occasions in the guise of call upon PW1, the appellant took the victim to the backyard of the house and there he had penetrative sex with her. During June 2014, the victim joined college. At that time she suffered stomach pain and informed to the appellant. He took her to private hospital at Perembalur and administered some tablets for aborting her pregnancy. During October 2014, the appellant again approached the victim for forcible sex. She informed about the same to her father, who along with his brother/PW4 had approached the appellant’s parents to question about the incident. The parents of the appellant feigned ignorance and told that their son would not indulge any such kind of activities. Thereafter, PW1 lodged the complaint [Ex.P1] to PW12, who on registration of the case in Crime No.15 of 2014, arrested the appellant, subjected the appellant and the victim to medical examination and filed the charge sheet.

3. Before trial Court, prosecution examined 12 witnesses and marked 12 exhibits. None were examined and nor any exhibits were marked on the side of the defence.

3.1. PW1, the father of the victim/PW2 has stated that PW2 was born during May 1997 and she was a minor during the occurrence. During February 2014, he was taking treatment in Chennai and his wife was along with him. PW2 and other children of PW1 were alone in their native. Further, PW1 came to know about the incident from PW2 and questioned the parents of the appellant and thereafter, lodged the complaint [Ex.P1].

3.2. PW2, the victim has stated that during February 2014, when she was alone at home during her study holidays, the appellant used to visit her house regularly. Taking advantage of the absence of her parents, the appellant proposed his love, which was refused by her and he lured her for sexual intercourse. After one or two occasions, the appellant has taken the victim to backyard of her house and had physical relationship. Due to which during June 2014, she became pregnant and the appellant h