JUDGMENT :

The Criminal Appeal has been filed by the appellant against the judgment of conviction dated 17.2.2016 made in Spl.S.C.No.57 of 2015 convicting him under Section 6 of Protection of Children from Sexual Offences Act, 2012 and sentencing him to undergo 10 years rigorous imprisonment and to pay fine of Rs.10,000/-, in default to undergo rigorous imprisonment for a period of one year.

2. The allegation against the appellant/accused is that he had induced PW3, the victim minor girl by name Divya, daughter of P.Ws.1 and 2, made her to elope with him to Thekkadi and Coimbatore and had forcible intercourse with her.

3. The facts that give rise to filing of the present Criminal Appeal, in brief, are as under:-

(i) PW1, the mother of the victim girl and wife of PW2, being resident of Sivaji Nagar, Theni, lodged a complaint, Ex.P1 on 23.8.2012 contending that on the fateful day, viz., on 23.8.2012, she went to give lunch to her son, who studies in Muthuraja School and when she came back, she found a communication calling her daughter for Nursing Counselling, but, Divya, who was awaiting for the counselling, was missing. She also claimed that the certificates and some dresses of her daughter were also missing and thereby, she informed her husband PW2, a retired Army staff and subsequently, both PW1 and PW2 enquired their relatives as to whether their daughter went there. Whileso, PW5, Anbu, who is the son of sister in law of PW1 had informed her that her daughter and the appellant/accused had intimacy and thereupon, she had lodged the complaint by 6.30 pm on 23.8.2012 for tracing her daughter, which has been countersigned by PW2 as a witness to the complaint.

(ii) On receipt of the complaint, Ex.P1, the Sub Inspector of Police, Theni Police Station, PW15 had registered the same in CSR No. 581/2012 and placed it before the Inspector of Police, PW14 for investigation.

(iii) On 26.8.2012, PW14, the Inspector of Police registered the complaint in Crime No.553/2012 for offence punishable under Section 366(A) IPC, prepared the printed FIR, Ex.P8, took up the case for investigation and visited the scene of occurrence at 8.00 pm and prepared the observation mahazar, Ex.P9 and rough sketch, Ex.P10 in the presence of mahazar witnesses, PW8, Saravanan and PW10 Abbas. Then PW14 had enquired the witnesses, PW1 Rani, PW2 Kannan, PW4 Lakshmi, PW5 Anbu, PW8 Saravanan and PW10 Abbas and recorded their statements. Subsequently, on 27.8.2012, PW14 had enquired the witnesses PW6 Vignesh, PW7 Mano and one Easwaran and recorded their statements.

(iv) On 28.8.2012, at about 2.00 pm, PW14 had secured PW3 the victim girl and the appellant/accused, took them to the police station at about 2.15 pm and on obtaining statement from the victim girl at about 3.15 pm, arrested the appellant/accused and recorded his voluntary confession statement in the presence of witnesses, PW9 Mahendran and one Moovendran and thereafter, remanded the appellant/accused.

(v) On 29.8.2012, PW14 had produced the victim girl and gave requisition to the court for subjecting the victim girl and the appellant/accused for medical check up.

(vi) PW13, Dr. Juliyana Jayanthi, who examined the victim girl on 29.8.2012, had issued the Medical Report, Ex.P6 contending that her examination revealed that the victim girl was not virgin and symptoms were found to show that she had sexual intercourse. Further, PW13 had examined the appellant/accused on 30.8.2012 and issued the Medical Report Ex.P7 affirming his potency.

(vii) On 30.8.2012, PW14 had enquired the witnesses PW12 Ananthi, PW11 Thirumalaichami and one Maheswaran and recorded their statements.

(viii) On 3.9.2012, PW14, having received the Medical Reports, enquired PW13 Dr. Juliyana Jayanthi and PW15 Radha, Sub Inspector of Police and recorded their statements.

(ix) On the same day, as an outcome of his investigation, PW14 had altered the case to one punishable under Sections 366(A) and 376 IPC and sent the Alteration Report, Ex.P11 to the court.