JUDGMENT :

This Criminal Appeal has been filed against the Judgment dated 08.04.2019 in Spl.S.C.No.40 of 2017 by the learned Sessions Judge Mahila Court, Cuddalore.

2. The case of the prosecution is that the appellant was in love with the victim girl/P.W.2, who was a minor studying 11th Standard. The father of the victim girl was working in Salem and her mother is a house wife. When the victim girl was studying 10th Standard, the appellant used to follow her regularly in person and over phone and developed intimacy with the victim girl. On 09.10.2015, when the victim girl's mother/P.W.1 went to hospital with her sister, the appellant came to the house of the victim girl and knocked the rear side door. When the victim opened the door and questioned the appellant, he informed her that he is going abroad and he would be back only after three years, hence, he wanted to talk to her and he tried to enter into the house. The victim girl refused him to enter into the house and the appellant pulled her nighty forcibly and pushed her on the floor and had sexual intercourse with her. When P.W.1 mother of the victim girl knocked the door, none opened the door and on seeing through the window, she was shocked that the appellant was lying over the victim. She entered into the house and the appellant ran away from that place. Thereafter, P.W.1 informed the said incident to one Shanthi, who is the aunt of the appellant and also informed to the mother and brother of the appellant. The brother (D.W.1) of the appellant assured that the marriage between the appellant and the victim girl would be performed. Believing the said words, no complaint was lodged against the appellant. On 04.04.2016, the victim girl's family came to know that the marriage for the appellant was held with some other girl. Therefore, on 05.04.2016, P.W.1 the mother of the victim girl lodged a complaint (Ex.P1) against the appellant.

3. On receipt of the complaint, the respondent police registered a case in Crime No.4 of 2016 against the appellant/accused for the offence under Section 3 and punishable under Section 4 of The Protection of Children from Sexual Offences Act, 2012 [hereafter 'POCSO Act' for the sake of convenience]. After investigation, the respondent police filed a charge sheet before the learned Sessions Judge, Mahila Court, Cuddalore and the same was taken on file in Spl.S.C.No.40 of 2017. After completing formalities, the trial Court framed the charges against the appellant for the offence punishable under Section 4 of POCSO Act.

4. In order to prove the case of the prosecution before the trial Court, on the side of the prosecution as many as 15 witnesses were examined as P.W.1 to P.W.15 and Exs.P1 to P12 were marked and no material objects were marked. After completion of the prosecution side evidence, incriminating circumstances culled out from the evidence of prosecution witnesses were put against the appellant/accused under Section 313 of Cr.P.C., wherein he denied all the incriminating circumstances as false and pleaded not guilty. On the side of the defence, one witness was examined as D.W.1 and no documentary evidence was produced.

5. The Court below, after hearing the arguments advanced on either side and also considering the materials available on record, found that the accused/appellant is guilty and convicted for the offence under Section 4 of POCSO Act and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.20,000/- and in default to undergo simple imprisonment for a period of two years.

6. Being aggrieved by the said judgment of conviction and sentence, the appellant is before this Court.

7.1 The learned Legal Aid Counsel appearing for the appellant would submit that there was no forcible sexual intercourse and it was only a consented sexual relationship. The occurrence was said to have taken place on 09.10.2015 at 9.30 p.m in the house of the victim girl (P.W.2). Thereafter, the complaint was lodged on 05.04.20