The central legal point established in the judgment is the requirement to prove the victim's age and establish guilt beyond reasonable doubt in cases of alleged kidnapping and rape.

JUDGMENT

(Prayer: Criminal Appeal is filed under Section 374(2) of Cr.P.C to call for the records and set aside the order passed by the learned III Additional District and Sessions Judge(PCR)Madurai in Spl.S.C.No.54 of 2006 dated 30.12.2016.)

1. This Criminal Appeal has been filed against the judgment and conviction passed in Spl.S.C.No.54 of 2006 dated 30.12.2016 on the file of the learned III Additional District and Sessions Judge(PCR)Madurai, wherein the trial Court had convicted the appellants who are arrayed as A1 and A3 respectively before the trial Court.

2. The first appellant was convicted for the offences under Sections 366(A) of IPC and 376 of IPC and sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs.2000/- indefault to undergo three months simple imprisonment for the offence under section 366(A) of IPC and sentenced to undergo ten years rigorous imprisonment and to pay a fine of Rs.25,000/- indefault to undergo one year simple imprisonment for the offence under Section 376 of IPC. As against the third accused sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs.2000/- indefault to undergo one year simple imprisonment for the offence under Section 366(A) of IPC. Before the trial Court four persons have been arrayed as accused and the trial Court has acquitted the accused 2 and 4 and these petitioners are arrayed as A1 and A3.

3. The case of the prosecution is that the victim belongs to Scheduled Caste Community and the accused belongs to Non Scheduled Caste community. The victim is the daughter of the defacto complainant and she was brought up by the mother of the defacto complainant and on 18.04.2004 the defacto complainant, mother of the victim went to her house of mother i.e., grand mother of the victim and at that time she had taken Rs.10,000/- and she also kept the same in her house. On the next day at about 5.00 am., when she woke up her daughter disappeared and she came to know that Rs.10,000/-, gold chain, ring, three sets of stud, one nose stud and anklet were also missing. Thereafter she gave a complaint/Ex.P.1 on 27.04.2004 and based on the complaint P.W.18 registered the First Information Report/Ex.P.9 in Crime No.16 of 2005. Thereafter the case was investigated by P.W.22 and thereafter filed final report as against all the accused persons for the offences under Sections 366(A), 376 r/w. 109 of IPC and Section 3(2)(v) of SC/ST(PoA) Act. Thereafter the case was committed to the learned III Additional District and Sessions Judge(PCR)Madurai and the same was taken on file in Spl.S.C.No.54 of 2006.

4. After receipt of case records the trial court framed charges as against the first accused for the offences under Sections 366(A),376 of IPC and Section 3(2)(v) of SC/ST(PoA) Act as against the accused 2 to 4 for the offences under Sections 366(A) of IPC and Section 3(2)(v) of SC/ST(PoA) Act and the charges were read over and explained to the accused and the accused denied the charges and thereafter inorder to prove the charges levelled against the accused before the trial Court P.W.1 to P.W.22 were examined and marked Exhibits Ex.P.1 to P.13 and Court documents Ex.C.1 to C.4 were marked and no material object was marked. On the side of the defence no witnesses were examined and no documents were marked.

5. After completion of prosecution evidence the accused was questioned under Section 313(1) (b) of Cr.P.C and they denied the evidence and thereafter the trial Court passed judgment by convicting the first appellant and sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs.2000/- indefault to undergo three months simple imprisonment for the offence under section 366(A) of IPC and sentenced to undergo ten years rigorous imprisonment and to pay a fine of Rs.25,000/- indefault to undergo one year simple imprisonment for the offence under Section 376 of IPC. As against the third accused sentenced to undergo three years rigorous imprisonment an