JUDGMENT :

(Prayer: The Criminal Appeal is filed under Section 374 (2) of the Code of Criminal Procedure, to call for the records and set aside the order of conviction and sentence, dated 07.09.2016 made in S.C.No.37 of 2015, on the file of the learned Fast Track, Mahila Court, Virudhunagar District at Srivilliputhur and allow this appeal and acquit the appellant/accused from the charge leveled against him.)

1. The present appeal is directed against the conviction and sentence, dated 07.09.2016, made in S.C.No.37 of 2015, on the file of the Fast Track Mahila Court, Virduhunagar District at Srivilliputhur.

2. The appellant is the sole accused. He stood charged for the offences punishable under Sections 366(A) and 376 of IPC and Section 3 r/w 4 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred as “POCSO Act”). The appellant/accused denied the charges as false and opted for trial.

3. After full-fledged trial, the learned Mahila Judge, Virdhunagar District at Srivilliputhur, convicted the accused under Section 366(A) of IPC and sentenced to undergo Rigours Imprisonment for 10 years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for six months. Further, the appellant was convicted under Section 3 r/w 4 of POCSO Act and sentenced to undergo Rigours Imprisonment for 7 years and to pay a fine of Rs.10,000/- in default to undergo Simple Imprisonment for six months. The sentences are directed to run concurrently. Aggrieved over the said conviction and sentence, the accused is before this Court, by way of filing the present Criminal Appeal.

4. The relevant facts of the case, which gave rise to filing of this appeal are necessary to be recapitulated for the disposal of this appeal:-

(i) PW3-X, is the victim child in the alleged occurrence. She is residing in Uluthimalai Village along with her mother viz., Keerani. Her father was stayed in Abroad and working there. On 11.05.2013 around 11.00 p.m., she left from her house for attending natural calls. While such a time, the accused came there and questioned the victim child as where are you going?. For which, the victim child has replied that she is going to attend the natural calls. After hearing the same, the accused invited the victim child to attend the temple festival at Manamadurai, for which, the victim child has refused to go with the accused. In the meantime, the accused pulled the hands of the victim child and by using the TATA-ACE vehicle, he brought the victim child to his friend house, wherein, the accused attempted to made sexual assault, for which, the victim child has not given any room. However, from there both the victim child and the accused went to Mukkudi Village and after receiving the money from his sister, the accused along with victim child went to Pappampatti, which is situated near to Coimbatore. In Coimbatore, both were joined as labourer in a Mill and stayed in the single room, which is provided by the Management of Mill. During such occasion, the accused introduced the victim child to others as she is his wife. Further, while such a time he had regularly committed sexual assault on the victim child. In due course, on 21.05.2013 both were left from Coimbatore and reached the Aruppukottai, wherein, the Police Officials attached with Narikudi Police Station secured them. After securing the victim child, the victim child was detained in a home and on the next day, she has been produced before the Doctor for Medical Examination. Ultimately, after completing the Medical Examination, she joined with her mother.

(ii) In the meanwhile, P.W.1-Tmt.Keerani, who is the mother of the victim child, on 11.05.2013 lodged a complaint before the respondent police under Ex.P1, wherein, she has stated that her daughter was missing and further stated that on enquiry, she came to know that the accused had brought her daughter in a vehicle. On receipt of the said complaint given by P.W.1, one Katturaja, the then Sub-Inspector of Police,