The need for reliable and consistent evidence to establish guilt beyond reasonable doubt.

JUDGMENT

(Prayer: This Criminal Appeal has been filed under Section 374 Cr.P.C. to set aside the judgment of conviction and sentence against the appellant herein dated 06.10.2016 in Special Sessions Case No.24 of 2015 on the file of the Fast Track Mahila Court, Dharmapuri.)

1. Accused (A1) in Special Sessions Case No.24 of 2015 on the file of the Fast Track Mahila Court, Dharmapuri, is the appellant herein.

2. The Inspector of Police, Palacode Police Station, prosecuted the appellant/accused along with his father A2 and mother A3 for having trespassed into the house of the victim girl and made her to believe that he will marry her and committed penetrated sexual assault and thereafter, cheated. Besides, the accused made criminal intimidation and threatened her attracting the offences punishable under sections 448, 417, 506(ii) IPC along with section 5(l) r/w 6 of the Protection of Children from Sexual Offences Act, 2012.

3. In the trial Court, the prosecution examined 15 witnesses PW1 to PW15 and filed 11 documents Ex.P1 to P11. On the accused side, no witnesses were examined and no documents were filed.

4. The trial Court, on considering the oral and documentary evidence, found that all the accused were not guilty of under Section 506(ii) IPC and acquitted and found the charge on the first accused was proved under Sections 417, 448 IPC along with 5(l) r/w 6 of POCSO Act and sentenced him to undergo 1 year rigorous imprisonment each for the offence under Sections 448 & 417 IPC and for the offence under Section 5(l) r/w 6 of POCSO Act, 10 years rigorous imprisonment was imposed on him along with fine of Rs.5000/- in default to undergo six months imprisonment. The sentences were directed to run concurrently. Aggrieved by this conviction and sentence, the appellant filed this criminal appeal.

5. The case of the prosecution, in short, is that the appellant /first accused is the son of second and third accused and they were living at Thottampatti village. The victim girl (name is not mentioned) belongs to the same village and on 18.12.2013 when the parents of the victim girl went to outstation to attend their relative's marriage, the victim girl was alone in the house and at about 11.00 p.m., the appellant/first accused trespassed into the house of victim girl and closed her mouth and raped her. Thereafter, he threatened her not to disclose the incident to any one. The victim girl had to go to her school through the appellant/first accused house. The appellant/first accused made the victim girl to believe that he will marry her and also frequently had sexual relationship with her. After three months, the victim girl felt that her menstruation period was postponed. Fearing this, she informed her mother PW3 Shala and PW3 informed the fact to her husband Umapathy PW2. Immediately, the parents of the victim girl PW2 & PW3 tried to negotiate with the family of the first accused for marriage but they refused. Panchayat was conducted by Gopal (PW7) because the accused family refused for marriage. Since the menstruation period was postponed, she was brought to the hospital and on medical examination, the victim girl was found to be pregnant. Even thereafter, the accused family refused for marriage. The victim girl and their parents went to the police Station and the victim girl gave a complaint Ex.P4 at Palacode Police Station.

6. PW10, Surumbaarkuzhali, Sub Inspector of Police, Palacode Police Station received the complaint Ex.P4 and registered a case in crime No.91 of 2014 under Sections 376, 417, 506(ii) IPC and 3 r/w 4 of POCSO Act, 2012, registered FIR Ex.P5. After registering the FIR, she placed it before the Inspector of Police, Thiru. Somanrajan (PW15).

7. PW15 Somanrajan, Inspector of Police, Palacode Police Station, after receiving the complaint and FIR, went to the place of occurrence and prepared Observation Mahazer Ex.P1 and Rough Sketch Ex.P10 in the presence of witnesses Moorthy PW6 and Sekar PW14 and on the next day i.e. on 19.03.2