JUDGMENT

The present Criminal Appeal is directed against the conviction and sentence, dated 12.08.2015, made in S.C.No.112 of 2013, on the file of the Fast Track Mahila Court, Nagercoil.

2. The appellant is the sole accused. He stood charged for the offences punishable under Sections 366(A) and 376 of IPC. The accused denied the charges as false and opted for trial. Therefore, he was put on trial on the charges.

3. After full-fledged trial, the learned Fast Track Mahila Judge, Nagercoil, came to the conclusion that the appellant was found guilty for the offences punishable under Sections 366(A) and 376 (2) (h) of IPC. After concluding as above, the trial Court has convicted the accused and sentenced to undergo Rigorous Imprisonment for 8 years and to pay a fine of Rs.10,000/-, in default, to undergo Simple Imprisonment for 1 year for an offence under Section 366(A) of IPC and further for the offence under Section 376(2)(h) of IPC convicted and sentenced to undergo Rigorous Imprisonment for 10 years and to pay a fine of Rs.10,000/- in default, to undergo simple imprisonment for 1 years. Challenging the said conviction and sentence, the appellant is before this Court, by way of filing the present Criminal Appeal.

4. The relevant facts of the case, which gave rise to filing of this appeal are necessary to be recapitulated for the disposal of this appeal:-

(i) P.W.-4-X- is the victim girl. P.W.1-Leelabai is her mother.

Both P.W.1 and P.W.4 are working as labourer in a Cashew-nut Factory, which situated near to their residence. In the same factory, the accused Selvakumar was working as a Van driver. Previous to the occurrence, while at the time, the victim girl was attending the duty, the accused voluntarily came there and chat with the victim girl in respect of the sexual aspects. On 14.12.2012 after chatting with P.W.4 as above, the accused made assurance as after getting permission from his parents, he would marry her. The said incident was seen by P.W.5 and then she condoned the attitude of the accused. In this occasion, on 16.01.2013 due to stomach pain, P.W.4 is not attended the regular work in the Cashew-nut factory and stayed in her home. But, at the same time, her mother and sister were gone to attend the regular work. In the said circumstances, after knowing the absence of P.W.

1, around 09.00 a.m., the accused came there and compelled the victim girl to go away for solemnizing the marriage. At that time, P.W.4 did not know the marital status of the accused. However, around 09.30 a.m., due to the compulsion made by the accused, P.W.4 went to the bus-stand and thereafter, both the accused and the victim girl went to Tuticorin. In Tuticorin, in a house belongs to the parents of the accused, the accused after removing the dresses, sexually assaulted P.W.4 and thereafter, on 17.01.2013 after worshiping the God in Tiruchendur Temple, both of them went to accused brother's house at Thanjavur, wherein, also the accused committed the same offence. Thereafter, on 20.01.2013 they returned to Vadaseri Bus Stand and when at the time they are in the bus stand, the police secured them.

(ii) In the meantime, P.W.1, who is the mother of P.W.4, after knowing the fact that her daughter was missing, she lodged a complaint (Ex.P1) before the P.W.11, who is the Inspector of Police, Eraniel.

(iii) P.W.11-Hari Krishna Perumal, the then Sub-Inspector of Police, Eraniel Police Station, after receipt of the said complaint, registered a case against the accused in Cr.No.40/2013 for an offence under Section 366-A of IPC. The printed FIR was marked as Ex.P5. After registration of the said case, he handed over the copy of the FIR to P.W.14-Sankareswaran, for investigation.

(iv) P.W.14-Sankareswaran, the then Inspector of Police, Eraniel, on receipt of the FIR, took the same for investigation. He examined the witnesses and recorded their statements. On 20.01.2013 around 07.00 a.m., in Vadaseri Bus Stand in the presence of one Vijayakumar and Kumaradoss , he a