JUDGMENT :

This Criminal Appeal has been filed against the conviction and sentence imposed by the learned Sessions Judge, Mahila Court, Cuddalore in Special S.C.No.24 of 2018, dated 31.01.2019.

2. The respondent Police have registered a case in Crime No.121 of 2016, for offence under Sections 294(b), 323, 506(i) IPC and Section 4 of Prohibition of Harassment of Woman Act, 1998 against the appellant/A1 and two others/A2 & A3 on the complaint [Ex.P1] given by the father of the victim (PW.1). After completing investigation, the respondent police laid a charge sheet before the learned Sessions Judge, Mahila Court, Cuddalore and the same was taken on file as Special S.C.No.24 of 2018.

3. After completing the formalities under Section 207 Cr.P.C., since there was a prima facie material to frame charge against the appellant, the learned Sessions Judge, farmed charges under Sections 12 of Protection of Children from Sexual Offence Act, 2012 (hereinafter referred to as 'POCSO Act') r/w 34 IPC and Section 10 of POCSO Act r/w 34 IPC and Sections 450 and 323 r/w 34 IPC.

4. After completing the trial and hearing the arguments advanced on either side and also considering the oral and documentary evidence, the learned Sessions Judge found guilty of the appellant for offence punishable under Sections 12 of POCSO Act, 2012 r/w 34 IPC and 10 of POCSO Act, 2012 r/w 34 IPC and Sections 450 and 323 r/w 34 IPC and convicted and sentenced as follows:-

For offence under Section 12 of Protection of Children from Sexual Offence Act, 2012 r/w 34 IPC, the appellant/A1 sentenced to undergo Rigorous Imprisonment for a period of three years and ordered to pay a fine of Rs.1,000/-, in default to undergo Simple Imprisonment for six months.

For offence under Section 10 of Protection of Children from Sexual Offence Act, 2012 r/w 34 IPC, the appellant/A1 sentenced to undergo Rigorous Imprisonment for a period of seven years and ordered to pay a fine of Rs.5,000/-, in default to undergo Simple Imprisonment for one year.

For offence under Section 450 IPC, the appellant/A1 sentenced to undergo Rigorous Imprisonment for a period of ten years and ordered to pay a fine of Rs.5,000/-, in default to undergo Simple Imprisonment for two years.

For offence under Section 323 r/w 34 IPC, the appellant/A1 sentenced to undergo Rigorous Imprisonment for a period of one year and ordered to pay a fine of Rs.1,000/-, in default to undergo Simple Imprisonment for three months.

5. The learned counsel for the appellant would submit that already the 2nd and 3rd accused have filed the Criminal Appeal in C.A.No.113 of 2019 before this Court against the Judgment of the trial Court, in which, this Court, by judgment, dated 30.04.2019, partly-allowed the appeal and modified the sentence from one under Sections 12 of POCSO Act, 2012 r/w 34 IPC and 10 of POCSO Act, 2012 r/w 34 IPC to the effect that the 2nd and 3rd accused have committed the offence under Section 354 IPC and ordered to undergo Rigorous Imprisonment for two years each and to pay a fine of Rs.1,000/-, each, in default, one year Simple Imprisonment. Rest of the finding given by the learned Sessions Judge shall remain the same as unaltered. Since the sentence imposed on the co-accused/A2 & A3 have already modified by this Court, the same can be followed in respect of the appellant. The learned counsel would further submit that the appellant has not committed any offence under the POCSO Act, 2012 as alleged by the prosecution and there was no common object to commit a sexual assault on the victim girl. All the witnesses adduced by the prosecution are interested witnesses and no independent witness was examined by the prosecution to the prove the guilt of the appellant.

6. The learned counsel for the appellant would further submit that the father and mother of the victim girl were examined as PW1 and PW3 and the victim girl was examined as PW2. The mother of the victim girl (PW3) stated that the neighbour (PW.5) informed her about the occur