JUDGMENT :

1. This Criminal Appeal has been filed against the Judgment dated 21.12.2018 in Spl.S.C.No.52 of 2016 on the file of the learned Sessions Judge, Mahalir Court, Vellore District, Vellore.

2.The case of the prosecution is that on 18.10.2015, at 7.45 p.m., when the victim girl was going to church, the appellants with a sexual intention, forcibly pulled her and dragged her shawl and by stuffing of cloth in her mouth, took the victim girl into a hidden place and the first appellant removed her clothes and committed sexual assault with the victim girl, the appellants 2 to 4 have abetted for commission of alleged offence. When she raised screaming voice, the old man Panneer, came to the place of occurrence and the accused/appellants left the place. At the time one Manikandan, who came over and took the victim girl (P.W.4) to her house and handed over to her uncle. Thereafter, on enquiry she revealed the same to her mother and uncle. Thereafter, they preferred a complaint (Ex.P.5) to the respondent police.

3.The respondent police registered a case in Crime No.5 of 2015 against the appellants for the offence punishable under Section 341, 376 IPC and Section 4 of The Protection of Children from Sexual Offences Act, 2012 [hereafter 'POCSO Act' for the sake of convenience]. Subsequently, the charges were altered into Section 341, 342 r/w 34 IPC and 17 r/w 4 of POCSO Act. After investigation, the respondent police filed a charge sheet before the learned Sessions Judge, Mahila Court, Vellore and the same was taken on file in Spl.S.C.No.52 of 2016 and charges were framed against the appellants for the offence under Sections 341 r/w 34, 342 r/w 34, 363, 366, 376(2)(i) of IPC and 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 11 witnesses were examined as P.W.1 to P.W.11 and also marked Exs.P1 to P16, besides that material objects M.O.1 to M.O.3 were marked. After completion of the prosecution side evidences, the incriminating circumstances were put to the appellants/accused by examining the appellants/accused under Section 313 of Cr.P.C and they have denied all the incriminating circumstances as false and pleaded not guilty. On the side of the defence, no oral and 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/appellants are guilty of the offence and awarded punishment are as follows:-

(i) The first appellant was convicted under Section 366 IPC and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.2,000/- and in default, to undergo rigorous imprisonment for a period of two months; under Section 342 r/w 34 IPC sentenced to undergo rigorous imprisonment for a period of one year; and under Section 4 of POCSO Act sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.3,000/- and in default, to undergo rigorous imprisonment for a period of three months and ordering the sentences to run concurrently.

(ii) The trial Court framed the charges against the appellants 2 to 4/A2 to A4 for the offence punishable under Section 341 r/w 34, 342 r/w 34, 363 r/w 34, 366 A IPC and Section 4 r/w 17 of POCSO Act. They were convicted under Section 366 A IPC and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.2,000/- and in default, to undergo rigorous imprisonment for a period of two months; under Section 342 r/w 34 IPC and sentenced to undergo one year Rigorous Imprisonment; under Section 4 r/w 17 of POCSO Act and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.3,000/- and in default, to undergo rigorous imprisonment for a period of two months.

6.Being aggrieved by the said judgment of conviction and sentence, the appellants/A1 to A4 are before this Court.

7. The