JUDGMENT

This Criminal Appeal has been filed against the conviction and sentence imposed on the appellant vide Judgment dated 12.03.2019 made in Spl.S.C.No.12 of 2016, by the learned Sessions Judge, Mahila Court, Cuddalore.

2. The case of the prosecution is that the victim girl in this case is aged about 15 years. The appellant/accused developed relationship with the victim and started to live with her separately and continued to have sexual intercourse with her, due to which, the victim become pregnant and gave birth to a girl baby on 27.01.2014. Thereafter, both the victim and the appellant/accused were living together. During the year 2015, the appellant/accused severed the relationship with the victim and married another girl. Hence, the victim preferred the complaint on 17.12.2015 before the respondent police.

3. The respondent-police registered a case against the appellant in Crime No.33 of 2015 for the offence punishable under Sections 3 r/w.4 and 7 r/w.8 of the Protection of Children from Sexual Offence Act, 2012 (in short POCSO Act), on the basis of the complaint given by the victim girl.

After completing the investigation, the respondent-police laid down charge before the Mahila Court, Cuddalore and the same was taken on file in Spl.S.C.No.12 of 2016 for the offences under Section 5(1) r/w.6 of the POCSO Act.

4. After framing charges, during trial, in order to prove the case of the prosecution, as many as eight witnesses were examined as PW1 to PW8, nine documents were exhibited as Exs.P1 to P9.

5. After completing the evidence of prosecution witnesses, when incriminating circumstances were culled out from the evidence of the prosecution were put-forth to the appellant/accused he denied it as false. On the side of the defence, no witness was examined but one document was marked as Ex.D1.

6. During the pendency of JC.No.24 of 2016 before the Juvenile Justice Board, Cuddalore, considering the document Ex.D1/ photocopy of transfer certificate of the appellant, the Juvenile Justice Board passed an order dated 09.11.2016 transferring the case to Mahila Court, Cuddalore which is competent to try the case against the accused. Aggrieved against the said order, the appellant/accused filed Crl.RC.No.839 of 2017 before this Court. This Court after analysing the material placed on record, dismissed the revision by its order dated 31.05.2018 stating that the order of transfer from Juvenile Justice Board, Cuddalore is fully justified.

7. After completing the trial and after hearing of the arguments advanced on either side and also considering the oral and documentary evidence, the Special Court found the appellant/accused guilty of the offence punishable under Section 6 of the Protection of Children from Sexual Offence Act, 2012, convicted and sentenced him to undergo 12 years Rigorous Imprisonment and to pay a fine of Rs.15,000/-, in default, to undergo further period of 2 years Simple Imprisonment. Challenging the said judgment of conviction and sentence, the appellant/accused is before this Court by way of present criminal appeal.

8. The learned counsel for the appellant would submit that the appellant is a juvenile at the time of occurrence. The case was conducted by Juvenile Justice Board for the offence said to have committed by the appellant. Considering the document Ex.D1/photocopy of transfer certificate of the appellant, the Juvenile Justice Board passed an order dated

09.11.2016 transferring the case to Mahila Court which is competent Court to try the case against the accused. There was an inordinate delay in lodging the complaint and registering the First Information Report against the appellant. The complaint was filed as an afterthought with deliberate intention. There is no specific evidence against the appellant to prove the commission of the offence. The appellant was a minor at the time of conviction and he was treated as a minor, therefore, his conviction under Section 6 of the POCSO Act, is legally not sustainable. In