In cases of sexual offenses, the victim's testimony alone can be sufficient for conviction, and the victim's testimony should be given weight without always seeking corroborative evidence.

JUDGMENT

(Prayer: This Criminal Appeal has been filed, under Section 374(2) of Cr.PC, against the judgement of conviction and sentence, dated 29.05.2018, made in SC.No.11 of 2014, by the Sessions Judge, Magalir Neethimandram, Tiruvallur.)

A.A. Nakkiran, J.

1. This Criminal Appeal has been filed, against the judgement of conviction and sentence, dated 29.05.2018, made in SC.No.11 of 2014, by the Sessions Judge, Magalir Neethimandram, Tiruvallur.

2. In and by the impugned judgement of conviction and sentence, the Appellant/Accused was convicted and sentenced (a) for the offence under Section 365 of IPC to undergo Rigorous Imprisonment for seven years and to pay a fine of Rs.2,000/-, in default to undergo six months Simple Imprisonment, (b) for the offence under Section 367 of IPC to undergo seven years Rigorous Imprisonment and to pay a fine of Rs.2,000/-, in default to undergo six months Simple Imprisonment, (c) for the offence under Section 376(c)(f) of IPC to undergo life imprisonment and to pay a fine of Rs.2,000/-, in default to undergo six months Simple Imprisonment, (d) for the offence under Section 377 of IPC to undergo ten years Rigorous Imprisonment and to pay a fine of Rs.2,000/-, in default to undergo six months Simple Imprisonment, (e) for the offence under Section 323 of IPC to undergo Rigorous Imprisonment for six months, (f) for the offence under Section 336 of IPC to undergo Rigorous Imprisonment for three months and (g) for the offence under Section 506(ii) of IPC to undergo Rigorous Imprisonment for two years and and the sentences were ordered to run concurrently.

3. The case of the prosecution is that PW4 Kanthan and PW3 Santhiya are parents of the victim child PW1 and both of them are working. PW2 Valarmathi was the aunt of the victim child. PW2 used to bring the victim child from the school and kept her in a home till her parents return home. On 27.01.2012 at about 16.30 hours, the victim child was with her aunt PW2 Valarmathi. The victim child asked pencil from her aunt. PW2 Valarmathi has given money for the purchase of pencil. The victim child went to the shop to purchase the pencil and the shop was closed and she was standing in front of the shop. The accused came there and stated that he will give her more pencils and chocolates and took the victim child to the nearby old dilapidated condition building near Muthumariamman Temple. The accused threatened the victim and committed sexual intercourse and also committed unnatural intercourse anus of the victim child. The accused caused abrasion on the chest and back side of the victim child and also caused nail injuries on the body of the victim child.

4. Since the victim has not returned home within a reasonable time, PW2 Valarmathi and neighbours started searching for the missing child. PW2 has given intimation to the parents of the victim child and both PW3 and PW4 parents of the victim child reached the home at 6 to 6:30 p.m and they have also joined together and keep on searching for the victim child. Thereafter, PW3 mother of the victim child gave a written complaint Ex.P1 and the same was received by the Sub Inspector of Police PW16 in JJ Nagar Police Station and registered the case Crime No.100 of 2012 under the caption on child missing.

5. The Investigation Officer PW19 took up the investigation and visited the scene of occurrence on 27.01.2012 at about 01.30 a.m and prepared the rough sketch Ex.P3 and observation mahazar Ex.P2 in the presence of witness PW8. The Sub-Inspector of Police was asked to examine the witnesses PW2 Valarmathi, PW3 Santhiya, PW4 Kanthan, PW5 Priya, PW6 Sumathi, PW7 Parthasarathy, PW9 Vijaya, the villagers and police officials have searched the missing child throughout the night. In the morning hours, one Mani working in the tea stall caught hold of the accused and the victim child was secured from the accused and there were injuries present on all over her body and there were also bitten marks in her mouth and her private parts we