JUDGMENT

(Order of the Court was made by SUNDER MOHAN,J.)

This Criminal Appeal has been filed by the sole accused, challenging the conviction and sentence imposed upon him, vide judgment dated 06.09.2021 in Spl.S.C.No.4 of 2018, on the file of the learned Sessions Judge, Special Court for Exclusive Trial of Cases under the POCSO Act, 2012, Vellore.

2.(i) It is the case of the prosecution that the appellant who was the relative of the victim aged about 17 years at the time of occurrence, had kidnapped her on 03.04.2013 at about 3.00 p.m., and took her to a bush near Murugan Temple and committed penetrative sexual assault; that thereafter, on 06.04.2013 committed penetrative sexual assault on the victim, promising that he would marry her, as a result of which the victim became pregnant.

(ii) On 20.02.2014, PW1, the step-father of the victim lodged a complaint [Ex.P8] to the respondent police. PW7, the Inspector of Police, registered the FIR in Cr.No.2 of 2014 for the offences under Sections 376, 417 and 506 of the IPC against the appellant. The FIR was marked as Ex.P9.

(iii) On 20.02.2014, PW7 went to the scene of the occurrence and prepared the Observation Mahazar [Ex.P10] and the Rough