JUDGMENT :

B. Pugalendhi, J.

1. The appellant was tried for the charge under Section 4 of Protection of Children from Sexual Offences Act 2012 (hereinafter called as POCSO Act for brevity), before the Sessions Court, Mahalir Neethimandram (Fast Track Mahila Court), Thoothukudi in S.C. No. 12 of 2015. The trial Court, by its Judgment dated 14.09.2015, found this appellant guilty for the charge, convicted and sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 2,000/-, in default to undergo one month rigorous imprisonment. Aggrieved over the conviction and sentence imposed by the trial Court, the present Criminal Appeal is filed.

2. The brief facts of the prosecution, in a nut shell, are as follows:

(i) The defacto complainant [P.W. 1] had studied up to 12th Standard by staying at her grandmother's house in Vallanadu. P.W. 11-Essakkimathi is her cousin residing at Ambasamuthram and she visited Vallanadu for a Village Temple Festival in the month of May 2013. The appellant-Maharajan and his friend-Velmurugan are residents of Seevalaperi Village, Palayamkottai Taluk and they also attended the village festival in the month of May 2013. In the village festival, the appellant met P.W. 1-Thambiratti and informed P.W. 11 that he likes P.W. 1 and intends to love her. P.W. 11 informed the same to P.W. 1 and P.W. 1, after some hesitation, accepted his call, moved closely with him, roamed around Tirunelveli to various places. On 29.05.2013, around 4.00 p.m., after filling up petrol from one Mariappan Petrol Bunk, the appellant/accused took her to a bush, had a physical relationship on the pretext that they are going to get married. He also repeated the same three more days. Even in the month of August, the appellant/accused took her to a Temple at Seevalaperi and forcibly had sexual relationship. The victim [P.W. 1] got a job at a Spinning Mill in Erode and when she was working in the Mill, she fainted and when she was referred to a Hospital, the Doctor informed her that she is pregnant. Therefore, she returned to her grandmother's house and since her grandmother did not permit her, she stayed at P.W. 11's house for some time and thereafter, she went to a home. She lodged a complaint [Ex. P1] on 18.02.2014 before the Pudukottai All Women Police Station, on the advice of P.W. 10-Petchaiammal, a Social Worker.

(ii) P.W. 12-Kavitha, a Constable in Pudukottai All Women Police Station, received the complaint [Ex. P1] and registered FIR in Cr. No. 2/2014 under Section 4 of POCSO Act on 18.02.2014 at 2.00 p.m. The printed copy of the FIR in Ex. P8 was also communicated to the higher officials and it reached the concerned Judicial Magistrate, Srivaikuntam, on 18.02.2014 at 9.00 p.m.

(iii) P.W. 13-Tmt. Santhakumari, Inspector of Police, All Women Police Station, Pudukottai, on receipt of the complaint, went to the place of occurrence, prepared a mahazar [Ex. P3], rough sketch [Ex. P9] in the presence of P.W. 5-Nelliappan and another, examined P.W. 1 to P.W. 4, the grandmother of P.W. 1 and recorded their statements. He also arrested the appellant/accused at Thootukudi on 18.02.2014 at 8.00 p.m. and subjected him for medical examination before P.W. 7-Doctor and the Doctor, who examined the appellant/accused, in his certificate (Ex. P5) has stated that there is no evidence to suggest that he is not potent. P.W. 13 referred the victim girl for medical examination. P.W. 8-Dr. Sobana examined P.W. 1 on 19.02.2014 that she was 28 weeks' pregnant and the victim has told her that a known person, by name, Maharajan had sexual intercourse with her for several times. The Accident Register issued by P.W. 8-Dr. Sobana is marked as Ex. P6.

(iv) The Investigation Officer also collected a certificate from the Headmistress, V.T.V.D. Government Higher Secondary School, Vallanadu, in Ex. P7, filed an alteration report for altering the offences under Section 376 IPC and Section 4 of POCSO Act. She was transferred on 09.07.2014. Thereafter,