In criminal cases, the prosecution must prove guilt beyond reasonable doubt; mere suspicion is insufficient for conviction.

JUDGMENT :

M.NIRMAL KUMAR, J.

The appellant/accused in Spl.C.C.No.7 of 2017 was convicted by the trial Court by the judgment dated 23.11.2021 and sentenced him to undergo 10 years rigorous imprisonment and to pay a fine of Rs.1,000/-, in default, to undergo six months simple imprisonment, for the offence under Section 366(A) of I.P.C., sentenced to undergo 20 years rigorous imprisonment and to pay a fine of Rs.10,000/-, in default, to undergo six months simple imprisonment, for the offence under Section 6 of POCSO Act for committing offence under Section 5(l) of POCSO Act and sentenced to undergo two years rigorous imprisonment for the offence under Section 9 of Prohibition of Child Marriage Act, 2006. All sentences were directed to be run concurrently, against which, the present appeal is filed.

2. The case of the prosecution is that the victim/PW2 was minor aged about 17 years 6 months at the time of occurrence. She was at home after completing her 12^th standard examination and was waiting for the results. On 28.05.2016 at about 11.00 p.m., the appellant took her in his bike to various places and on 29.05.2016, he tied a Thali in Vinayagar Temple at Kattuputhur. Thereafter, he took the victim to Ooty on the same day and rented a house in Ooty and both stayed there. During the period from 29.05.2016 to 14.06.2016, the appellant informed the victim that she is his wife and committed penetrative sexual assault. In the meanwhile, the victim's father/PW1/de-facto complainant and his family members were searching for the victim. Simultaneously, the appellant's mother informed that her son is also found missing. Thereafter, complaint lodged on 09.06.2016 and F.I.R. registered in Crime No.219 of 2016 by PW14. PW16/Investigating Officer on receipt of F.I.R. visited the house of accused, prepared observation mahazar/Ex.P3, Rough sketch/Ex.P13, recorded the statement of parents of the victim, neighbours and the witnesses to the mahazar. On 14.06.2016, the victim left Ooty and reached Tiruchengode bus stand, where the police secured her and took her to the police station and enquired her. On enquiry, the victim informed about the forcible abduction, marriage thereafter appellant committing sexual assault on her, parents of PW2 came to the police station and enquired her. On 15.06.2016, the victim's statement recorded by the respondent and she was produced for medical examination. PW10/Doctor, examined the victim girl and gave opinion/Exs.P7 and P8. The victim's school certificate/Ex.P6 obtained from PW9/Head Mistress, who confirmed that victim was minor and her date of birth as per school record is 25.01.1999. The victim was produced before the learned Judicial Magistrate, Rasipuram, who recorded the statement of the victim/Ex.P15 on 24.06.2016. The appellant/accused was arrested on 17.09.2016. On his arrest, he admitted the commission of offence and thereafter he was produced before PW15 and Potency Certificate/Ex.P10 and his age certificate/Ex.P11 collected. On completion of investigation, charge sheet filed. During trial, on the side of the prosecution, PW1 to PW18 examined, Exs.P1 to P19 marked. On the side of the accused, no witnesses examined and no documents marked. On conclusion of trial, the trial Court convicted the petitioner as stated above.

3. The contention of the learned counsel for petitioner is that in this case the appellant and the victim had a love affair, they were interested in each other. Even the appellant's parents approached PW1 and PW3/parents of the victim and sought for marriage of their daughter/PW2 to the appellant. PW1 and PW3 informed that the victim is to continue her studies and they were not agreeable for the marriage. Further the appellant and victim belong to different community, but the love affair between the appellant and victim continued. In fact, the victim was sent to her grandmother's place of Boothapadi near Mettur in Salem District and she was forcibly made to stay there. Thereafter, the victim