The testimony of the prosecutrix can be relied upon even without corroboration if found credible.

JUDGMENT

(Prayer: Criminal Appeal filed u/s 374 of the Code of Criminal Procedure, to call for the records pertaining to the judgment rendered by the learned Sessions Judge, Mahalir Neethimandram (Fast Track Mahila Court), Thoothukudi, Thoothukudi District in Special Sessions Case No. 7 of 2014, vide her judgment dated 10.08.2015 and set aside the same.)

1. The sole accused in S.C.No.7 of 2014, on the file of the Court of Sessions Judge, Mahalir Neethimandram (Fast Track Mahila Court), Thoothukudi, is the appellant. The appellant/accused stood charged and tried for the commission of the offences under Section 18 of the Protection of Children from Sexual Offences Act 2012 r/w 3.

2. The trial Court, vide impugned judgment dated 10.08.2015 has found him guilty for the commission of offences under Section 11(iv) r/w 12 of the Protection of Children from Sexual Offences Act and imposed with the sentence to undergo rigorous imprisonment of one (1) year and to pay a fine of Rs.3000/-, in default to undergo rigorous imprisonment for one (1) month. The trial Court has also granted set-off under Section- 428 Cr.P.C. The appellant/accused, aggrieved by the said conviction and sentence awarded by the trial Court, has filed this Criminal Appeal.

3. The facts leading to the present appeal, relevant for the purpose of disposal, briefly narrated, are as follows:

The case of the prosecution is that P.W.1 – Victim girl Sandhiya is studying 7th standard in lakshmi Mills School, Kovilpatti and residing along with her parents and P.W.2 and P.W.7 are her father and mother. The appellant/accused is their neighbour and he used to go to the house of the victim. Prior to two years, when P.W.1- victim girl was alone in the house, the appellant/accused went to her house, used filthy language, embraced her, kissed her and did wrongful act and when the victim girl told him that she would report the matter to her parents about the same, the appellant/accused threatened her life to danger. While so, on 16.09.2011 at about 07.45 a.m., when P.W.1-victim girl was waiting in Viswanatha Nagar bus stop, Nalattinputhur, the appellant/accused came in the two wheeler and told her that he would leave her in the school and took her in the two wheeler and while riding the two wheeler, asked her to fulfil his wish and that she would get accustomed to the same and committed verbal harassment. Again on 09.01.2013 at 07.45 a.m., when P.W.1-victim girl was standing in the Viswanatha Nagar bus stop, Nalattinputhur, appellant/accused came in the same two wheeler, pulled her hand and asked her to get in the vehicle, but P.W.1-victim girl refused and escaped from him. Due to the said act of the accused, P.W.1-victim girl was mentally depressed and lodged a complaint against the appellant/accused before P.W.6- the Inspector of Police, All Women Police Station, Kovilpatti, which was marked as Ex.P.1.

(ii) P.W.6, upon receipt of the complaint given by P.W.1, under Ex.P.1 registered a case in Cr.No.2 of 2013 for the offence under Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act and 506(ii) I.P.C., and the printed F.I.R., is marked as EX.P.4 and thereafter, sent a copy of the complaint and the First Information Report to the learned Judgicial Magistrate No.1, Kovilpatti. Subsequently, she enquired P.W.1 – Victim girl, P.W.2-father of the victim girl, P.W.7- mother of the victim girl and other witness – P.W.3 and recorded their statements under Section 161(3) Cr.P.C. On 26.01.2013 at about 06.15 hours, the appellant/accused was arrested near Nalattinputhur bus stop and on that date also, P.W.6 filed alteration report which was marked as Ex.P.5 by altering the offences under Sections under Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act and 506(ii) I.P.C., and Section 12 of POCSO Act. On 30.01.2013, she seized the vehicle bearing Registration No.TN-69-5707, which was involved in the occurrence and marked as M.O.1. Thereafter, she prepared athatchi under E