The appellant was convicted under the POCSO Act and IPC, with the court affirming the victim's status as a child and dismissing arguments regarding consent and evidence discrepancies.

ORDER :

P.Velmurugan, J.

This Criminal Appeal has been filed against the judgment of conviction and sentence dated 26.11.2019 in Spl.C.C.No.21 of 2018, on the file of the learned Sessions Judge, Mahila Court, Mahalir Neethimandram, Coimbatore.

2. The case of the prosecution is that the victim is a native of Ramanathapuram. Her parents have been engaged in agriculture. The victim girl studied till 10^th std in a government school in Karadarndhakkudi and thereafter, the victim girl and her father came to Coimbatore in March 2015 and she joined 11^th standard in a Corporation School. Her mother used to visit her from time to time. The appellant, who is from her native, used to come to her home to visit her father and if she needed any book, her father will tell to the appellant and he would buy it for her. Sometimes the appellant used to pick up her from her school. While so, on 14.05.2016, her father died. Thereafter, her mother, brother and sister came to Coimbatore and were staying with her. In August 2016, second week of Sunday at 10 a.m., the appellant came to her house and took her outside to buy her school book. Since he changed the route, the victim girl asked him as to where he was going for which, he replied that he was going to his house for taking money and took her to his house at Siddhapudhur. The victim girl stood outside of his house but the appellant compelled her to come inside. The appellant was a married man. His wife and two children were residing at Vadhavaneri. When the victim girl went inside, no one was there in the house. The appellant asked her to sit and put his hand in her shoulder and removed her dress. When the victim girl tried to stand, he pushed her in the cot and forcibly had sexual intercourse with her. When the victim girl cried, he consoled her and thereafter, took her to her home in his two wheeler. At that time, he threatened her not to disclose anything to her family or else he would kill her family members. Therefore, the victim girl did not disclose anything to her family. After 10 days, the accused told her that he has taken her nude photos and by threatening her stating that she has to come whenever he calls or otherwise he would show the photos to all, he had sexual intercourse with her three times. Thereafter, the victim girl did not menstruate for two months. In February 2017, the accused took her to hospital for abortion stating that he is her husband. The doctor who examined the victim, told that the fetus cannot be aborted. Whenever her mother asked her as to whether she got menstruation, she said yes. On 18.05.2017, she suffered with severe stomach pain. When her mother tried to apply oil in her stomach, she found her stomach so big and when her mother questioned her, she told her mother what had happened. Thereafter, since the victim was suffering with severe pain, her mother and brother took her to hospital, wherein she delivered a girl baby on 19.05.2017 and in the hospital, she gave the name of the appellant as father of her child. After the victim girl was discharged from the hospital on 24.05.2017, she went to AWPS, Gandhipuram and gave the written complaint/Ex.P.2.

3. Based on the complaint lodged by the victim, the respondent police registered a case in Crime No.2 of 2017 against the appellant herein for the offence under Sections 5(l) and 6 of POCSO Act, 2012 and after completion of investigation, they filed the charge sheet against the appellant for the offence under Sections 5(j)(ii)(l) read with 6 of PCOSO Act, 2012 before the Sessions Judge, Magalir Neethimandram, Coimbatore, and