Consent is irrelevant in cases involving minors, and belief in the victim's age is not a defense. Providing asylum and facilitating the commission of an offense constitute abetment under the POCSO Act.

JUDGMENT

(Prayer: Criminal Appeals filed under Section 374 Cr.P.C. against the judgment and order dated 06.11.2017 passed in Special S.C.No.11 of 2017 on the file of the Additional Sessions Court, Magalir Neethi Mandram, (Fast Track Mahila Court), Erode and to set aside the same.)

Common Judgment

P.N. Prakash, J.

1. These criminal appeals are directed against the judgment and order dated 06.11.2017 passed by the Additional Sessions Judge, Magalir Neethi Mandram, (Fast Track Mahila Court), Erode in Special S.C.No.11 of 2017.

2. The prosecution story runs thus:

2.1 The victim girl “X” (P.W.2) (name not divulged for the sake of anonymity) is the daughter of one Kannamal and at the time of occurrence, she was studying in X standard in Government Higher Secondary School at Mill Medu, Ukkaram. “X” (P.W.2) was residing with her grandmother Mani (P.W.1) in Door No.12/398, Periyar Nagar East, Ukkaram and was going to school from there.

2.2. Vijayakumar (A-1) was already a married man with two children and he (A-1) is the brother of Vasanthakumari (P.W.11), who was a neighbour of Mani (P.W.1). Vijayakumar (A-1) was from Kanniyakumari District and used to frequently visit his sister Vasanthakumari (P.W.11) in Ukkaram. Whenever Vijayakumar (A-1) came there, he (A-1) used to speak to “X” (PW2) and thereby, he (A1) got acquainted with her (P.W.2).

2.3. Vijayakumar (A-1) proposed to “X” (P.W.2) and stated that he was madly in love with her and wanted to marry her as his wife and children had deserted him. “X” (P.W.2) fell for the sweet words of Vijayakumar (A-1). Once, while Vijayakumar (A-1) and “X” (P.W.2) were intimately speaking, they were spotted by Mani (P.W.1) and “X” (P.W.2) was chastised and upbraided. On coming to know of this, Vijayakumar (A-1) suggested to “X” (P.W.2) that unless they go away and get married, they would face trouble frequently from their family members. Therefore, he (A-1) suggested to “X” (P.W.2) that, on a particular day, he would come in his motorcycle and together, they could elope and get married.

2.4. Accordingly, on 23.08.2016, “X” (P.W.2) came out of her school around 4.30 p.m. and her grandmother Mani (P.W.1) came to fetch her home. At that time, Vijayakumar (A-1) came in a motorcycle and asked “X” (P.W.2) to get on to it. Right in the presence of Mani (P.W.1), “X” (P.W.2) got on to the motorcycle of Vijayakumar (A-1) and they fled.

2.5. Vijayakumar (A-1) took “X” (P.W.2) to the house of Joseph Raja (A-3) in Sulur and thereafter, he (A-1) took her to the house of Pastor Muniyandi @ Ramesh (A-2) in Gudalur. Joseph Raja (A-3) also came by bus to the house of Pastor Muniyandi @ Ramesh (A-2) and there, in the presence of Pastor Muniyandi @ Ramesh (A-2) and Joseph Raja (A-3), Vijayakumar (A-1) married “X” (P.W.2) by tying a “thaali”around her neck and had sex with her that night and thereafter, for several days. Since accommodation in Gudalur was not satisfactory, Vijayakumar (A-1) brought “X” (P.W.2) to the house of Palanisamy (P.W.5) in Sulur and tooka portion on rent sometime during September 2016 and stayed with her.

2.6. While all these were happening in the life of “X” (P.W.2) after she fled with Vijayakumar (A-1), Mani (P.W.1) gave a written complaint (Ex.P1) to the Inspector of Police, Kadathur Police Station, narrating the events up to kidnapping of “X” (P.W.2) by Vijayakumar (A-1) from the school and requested the police to secure her.

2.7. On the written complaint (Ex.P1), Palanisamy (P.W.20), Sub-Inspector of Police, Kadathur Police Station, registered a case in Kadathur Police Station Crime No.209 of 2016 under Section 366 IPC on 25.08.2016 at 13.30 hours and prepared the printed FIR (Ex.P21), which reached the jurisdictional Court on 29.08.2016 at 10.00 a.m., as could be seen from the endorsement thereon.

2.8. The initial investigation was taken over by Akbar Khan (P.W.21), Inspector of Police, Kadathur Police Station, who went to the place of occurrence and prepared the obser