JUDGMENT :

This Criminal Appeal is filed against the judgment of Mahila Court at Cuddalore dated 08.01.2019 passed in Spl.S.C.No.17 of 2016.

2. The respondent police registered the case against the appellant and 4 others in crime No.17 of 2015 for the offence under Sections 313, 506(i) IPC and Section 3 and 4 of POCSO Act. The Police after investigation since offence alleged is against women especially child and falling under POCSO Act and is triable by the Sessions Judge, laid charge sheet before the Sessions Judge, Mahila Court Cuddalore. After completion of the formalities, the Sessions Judge, Mahila Court framed two charges as against 5 accused. After trial, the Sessions Court acquitted the other accused (A-2 to A-5) and convicted the appellant/1st accused for the offence punishable u/s.6 of POCSO Act. Challenging the said judgment of conviction and sentence, the appellant/1st accused has filed the present appeal before this court.

3. The learned counsel for the appellant would submit that the appellant and the victim girl fall on love. During such time, she conceived. Parents of the victim girl came to know that the appellant loved the victim girl and so they left their daughter in the house of the accused. At that time, the appellant and the victim girl have given birth to a child. Therefore, hospital authorities approached the respondent police. The respondent police investigated the matter and laid charge sheet. Though the other accused were acquitted by the Special Court, this appellant has been convicted. The prosecution has not proved its case beyond reasonable doubt. The appellant has not taken the custody of the child from the natural guardian. P.W.2/Victim girl’s father only took the victim girl and left her in the house of the appellant. Appellant loved the victim girl. Therefore, he has not committed any offence. Both the appellant and the victim fall on love and at the instance of the parents of P.W.2, the marriage between the appellant and the victim girl was arranged and the victim girl had already completed 18 years and hence the appellant has not committed any offence. Further he would submit that P.W.1 father of the victim girl died. The appellant has to take care of the victim girl. Therefore, the Judgment of conviction and sentence passed by the learned Special Judge had failed to consider the above fact. There is no offence committed under POCSO Act. There is no forcible sexual penetration and that there was no injuries and forcible sexual penetration. Therefore, the appellant’s conviction has to be set aside.

4. The learned Government Advocate (Crl.Side) would submit that at the time of occurrence, the age of the victim girl was only 14 years. The appellant had loved the victim girl. She was aged 14 years at that time. Therefore, without knowing the consequences, she conceived. She also subsequently intimated the same to her parents. She was admitted in the hospital. She gave birth to a still born girl child. The hospital authorities intimated it to the police and the respondent police registered the case and investigated the matter. The respondent police also collected DNA Analysis Report Ex.P.9. The DNA test report reveals that the appellant is the biological father and therefore the prosecution has proved that the victim girl was minor aged 14 years and the appellant had sexual intercourse with the minor girl and the quick born baby was given birth by the victim girl and the trial court, after going through the entire evidence, convicted the appellant.

5. Heard and perused the records.

6. The case of the prosecution is that the appellant had fall on love with the victim girl/P.W.2, who was aged 14 years. Parents of the victim came to know the intimacy between the appellant and their daughter. The victim girl became pregnant and so her parents came to the house of Appellant and pleaded the appellant’s parents for marriage and left their daughter in the house of the appellant. On 03.07.2015 the victim girl