The legal age of consent is 18 years; any sexual intercourse with minors is statutory rape regardless of purported consent.

JUDGMENT :

(R. POORNIMA, J.)

This Criminal Appeal is filed against the conviction and sentence passed against the appellant/Sole Accused in the judgment dated 17.03.2021 passed by the Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi in Spl.S.C.No186 of 2019 by convicting and sentencing the appellant for the offence punishable under Section 366(A), 493 of IPC and Under Section 5 (1) r/w.6 of Protection of Children from Sexual Offences Act, 2012 and sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs.3,000/- in default to undergo rigorous imprisonment for three months for the offences punishable under Section 366(A) of IPC and sentenced to undergo rigourous imprisonment for three years and to pay a fine of Rs.3,000/- in default to undergo rigorous imprisonment for three months for the offence U/s.493 of IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- in default to undergo rigorous imprisonment for one year for the offence u/s.5(1) r/w.6 of Protection of Children from Sexual Offences Act, 2012.

2. The case of the prosecution in brief is as follows:

(a) The complainant is a resident of Muthaiapuram, Kumaraswamy Nagar, Thoothukudi District. The victim girl ‘V’ is the second daughter of the complainant. At the time of occurrence, she was 16 years old and studying 12^th Standard in M.Thangammalpuram Government Higher Secondary School at Muthiapuram.

(b) Ten days before the incident, he had received intimation that his daughter was speaking with a boy in front of her school. Therefore, he informed the same to his wife and then stopped her daughter from school.

(c) On 01.03.2016, he and his wife went to work, while his mother and his daughter (victim girl) stayed at home. At about 9.00 a.m., his daughter was about to leave the house with her laptop, when his mother asked where she was going. In response, his daughter said she was going to her friend's house to download songs into her laptop and left the house. But, she did not turn back till 2.00 p.m. Immediately, the complainant's mother informed him over the phone. He returned from Tenaksi and enquired at nearby houses, but his daughter was missing. He complained with a prayer to trace out his daughter.

(d) The complaint Ex.P.1 was received by P.W.13 Mr.Chettainathan, Sub Inspector of Police, Muthaiapuram Police Station, Thoothukudi District and he registered the FIRunder Ex.P.9 in Crime No.116 of 2016 for “Girl Missing” and sent the original FIR to the learned Judicial Magistrate No.2, Thoothukudi and placed a copy to the Inspector of Police for reference and other copies were sent to the higher officials for further action.

(e) P.W.16 Thiru.Sundar Raju, Inspector of Police, after receipt of the FIR took up the case for investigation. On 02.03.2016, at about 00.30 hours, he went to the place of occurrence and prepared Observation Mahazar-Ex.P.4, Rough Sketch-Ex.P.5, examined witnesses Mr.Sekar, Mr.Kasi and other witnesses and recorded their statements.

(f) To trace out the minor girl, a team was formed under the leadership of Mrs.Jothilakhsmi, Sub Inspector of Police. On 06.03.2016 at about 05.00p.m., she brought the victim and the accused from Thoothukudi Bus Stand. The statement of the minor victim girl was recorded and altered the section of law from “Girl Missing” to under section 366(A) of IPC and Section 4 of the POCSO Act, 2012 and prepared the Section Alteration Report under Ex.P.11.

(g) Thereafter, the victim girl was kept in the All Women Police Station along with her mother. She was produced before the Fast Track Mahila Court, Thoothukudi on 07.03.201