JUDGMENT :

The present Criminal Appeal is directed against the conviction and sentence, dated 10.03.2016, made in Special S.C.No.17 of 2014, on the file of the learned Sessions Judge, Mahalir Neethimandram, Tirunelveli.

2. The appellant herein is the sole accused. He stood charged for the offences punishable under Section 363 IPC and Section 6 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred as “POCSO Act”).

3. After full-fledged trial, the learned Sessions Judge, Mahalir Neethimandram, Tirunelveli, came to the conclusion that the appellant was guilty for an offence punishable under Section 6 of POCSO Act, convicted and sentenced to undergo Rigorous Imprisonment for 10 years and to pay a fine of Rs.1,000/-, in default, to undergo Simple Imprisonment for 1 year. In respect to the offence under Section 363 IPC, the learned Sessions Judge acquitted the accused from the charge. Challenging the said conviction and sentence, the appellant is before this Court with this 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) P.W.2-X- is the victim girl. P.W.1-Ravichandran is her father and P.W.3-Meena is her mother. During the relevant point of time, P.W.2 and her family were residing in a rented house at Tirunelveli. When at the time, the accused visited the house which is situated opposite to the house of P.W.2. On 19.06.2013 around 12.30 p.m., the victim girl met the accused and asked to go to Bombay, for which, the accused said, after getting permission from P.Ws.1 & 3 we will go to Bombay. After hearing the same, the victim girl told the accused that if any permission is asked from her parents, definitely they would create a problem and further if she has not brought to Bombay, she would commit suicide. Ultimately, in view of the said threatening made by the victim girl, both the accused and the victim went to Madurai and then to Bombay wherein, both of them were stayed in a house which belongs to one Sunil. In Bombay, while at the time, they were staying in Sunil's house, the accused has not touched the victim girl.

(ii) After some time from the said elopement, P.W.1 came to Bombay and informed to them a case has been registered in Tirunelveli, in respect to the said elopement. After hearing the same, both the accused and the victim girl returned to Tirunelveli and surrendered before the Cheranmahadevi Police Station, wherein, the police recovered the dresses owned by the victim girl and the accused.

(iii) In the mean time, after knowing the elopement of the victim girl, P.W.1 lodged a complaint before one Vijayalakshmi, the then Sub-Inspector of Police, Kalakadu Police Station. In turn, the said Sub-Inspector of Police, registered a case against the accused in Crime No.189 of 2013 under Section 366(A) of IPC. The complaint given by P.W.1 was marked as Ex.P2 and the printed FIR was marked as Ex.P11.

(iv) On 19.06.2013 around 08.30 p.m., P.W.11-Thiru.Lakshmanan took up the case for investigation and after visiting the occurrence place, in the presence of P.W.10-Ganesan and one Prakash, he prepared an Observation Mahazar under Ex.P10. He drawn the Rough Sketch and the same has been marked as Ex.P12. He examined the witnesses and recorded their statements.

(v) On 04.07.2013 in a house which belongs to one Kavitha, he examined the victim girl and recorded her statement. On the same day, around 11.00 a.m., he arrested the accused and recorded his confession statement given by him. In the confession statement, the accused admitted the commission of offence and willing to produce the dresses owned at the time when the victim girl and the accused indulging in a sexual intercourse. Pursuant to the said statement, on the same day around 13.00 hours, the accused brought by the Investigating Officer to the house which belongs to one Kavitha and identified the M.Os.1 to 6. In turn, the said Material Objects were