COMMON JUDGMENT

The Criminal Appeal No.456 of 2021 has been filed by the State to set aside the judgment of acquittal of the respondents 3 and 5 to 8/A4, A6, A8, A9 & A10 passed in S.C.No.286 of 2014 dated 13.10.2020 by the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Chennai and convict them for the charges framed against them.

2. The Criminal Appeal Nos.465 of 2020 and 206 of 2021 have been filed by the convicts/A3 & A5 to set aside the judgment of convicted dated 13.10.2020 passed in S.C.No.286 of 2014 passed by the learned Sessions Judge, Special Court of exclusive trial of cases under POCSO Act, Chennai.

3. The Inspector of Police, Anti Trafficking Cell, Crime Branch CID, Guindy, Chennai, registered the case against the accused 1 to 10 in Crime No.1 of 2013 for the offence under sections 376, 323 IPC and

3(2)(a), 4(1), 5(1), 6(1), 7(1)(A) of ITP and Section 4 of POCSO Act.

4. On registering the case, after completing the investigation, the complainant police filed the charge sheet before the learned Sessions Judge, Special Court for Exclusive Trial of cases under POCSO Act, since the offence is against a child. The learned Sessions Judge, after completing the formalities under section 207 Cr.P.C. taken cognizance of the charge sheet on file in S.C.No.286 of 2014.

5. The trial court after completing the formalities, framed the charges against A1 for the offence under Section 5(1)(d)(ii) and 4(1) of Immoral Traffic (Prevention) Act and Section 323 of IPC, against A2 Section 376 IPC, Section 6 of the POCSO Act and Section 5(1)(d)(ii) of Immoral Traffic (Prevention) Act, against A3 for the offence under sections 5(1)(d)(ii), 4(1), 3(2)(a), 6(1)(b), 7(1-A) of Immoral Traffic (Prevention) Act, Sections 323 & 506(ii) of IPC and Section 17 of POCSO Act, against A4 Section 5(1)(d)(ii), 4(1), 3(2)(a), 6(1)(b), 7(1-A)

of Immoral Traffic (Prevention) Act and Section 323 & 506(ii) IPC, against A5 Sections 4(1), 3(2)(a), 6(1)(b), 7(1-A) of Immoral Traffic (Prevention) Act and Section 6 of POCSO Act, against A6 Section 5(1)(d)(ii) of Immoral Traffic (Prevention) Act, Section 366A & 370(A) IPC and Section 6 of the POCSO Act, against A7 Section 366A & 370(A) IPC and Section 6 of the POCSO Act, against A8 Section 366A & 370(A) IPC and Section 6 of the POCSO Act, against A9 Section 366A & 370(A) IPC and Section 6 of the POCSO Act and at last against A10 Section 366A & 370(A) IPC and Section 6 of the POCSO Act. During trial, A2 and A7 died and hence charges against them got abated.

6. After framing charges and completing the formalities, during trial, in order to prove the case of the prosecution, on the side of the prosecution, totally 30 witnesses were examined as P.Ws.1 to 30 and 94 documents were marked as Exs.P1 to P94. Besides, 12 material objects were also produced. After examining all the prosecution witnesses, incriminating circumstances culled out from the evidence of prosecution witnesses put before the accused, by questioning under section 313 Cr.P.C, they denied the same as false and pleaded not guilty. On the side of the defence, no oral and documentary evidence was produced.

7. The learned trial Judge, on completion of trial, hearing the arguments advanced on either side and after considering the materials, found A1 guilty for the offence under Sections 5(1)(d)(ii) & 4(1) of Immoral Traffic (Prevention) Act and Section 323 IPC and convicted her and sentenced her to undergo RI for 10 years for the offence under Section 5(1)(d)(ii), to undergo RI for 7 years for the offence under Section 4(1) of Immoral Traffic (Prevention) Act and to undergo RI for 1 year for the offence under Section 323 of IPC, found A3 guilty and convicted for the offence under sections 5(1)(d)(i), 4(1), 6(1)(b) of Immoral Traffic (Prevention) Act and sentenced her to undergo RI for 7 for the offence under section 5(1)(d)(i), to undergo RI for 7 years for the offence under Section 4(1) and to undergo RI for 7 years and to pay