JUDGMENT

This appeal has been filed by the appellant to set aside the judgment and conviction passed in S.C.No.74 of 2016 dated 15.12.2016, on the file of the Mahila Court, Karur wherein the accused was arrayed as A1 and the trial Court convicted the appellant for the offence under Section 366 of IPC and sentenced him to undergo ten years rigorous imprisonment and to pay a fine of Rs.1,000/- in default to undergo one month simple imprisonment and acquitted the appellant from the charges under Section 343 of IPC and A2 to A6 were acquitted from the charges under Section 343 and 366 of IPC. Aggrieved by the said judgment, the first accused/appellant preferred this present Criminal Appeal.

2.The prosecution case is that on 26.05.2016, at about 12.30 a.m., when the victim along with her mother were sleeping in the house situated at Malligapuram, Periyamanjuveli village, the appellant along with others have abducted the victim, P.W.1 through omni van. At that time, P.W.1 raised alarm and went to the house of P.W.3 and P.W.4 and narrated about the occurrence and thereafter, she made phone call to her brother P.W.2, who was in Trichy and after arrival of P.W.2 from Trichy, they went to the house of A1 and the same was locked and thereafter, they made search of victim girl and could not trace out. On next day at about 10.00 a.m., they went to Aravakurichi Police Station and gave a complaint Ex.P1 and P.W.1 had given complaint Ex.P1 to the Sub Inspector of Police, P.W.9. After receipt of Ex.P1, P.W.9 without registering FIR, issued CSR, Ex.D1 and thereafter, as per direction of P.W.10, Inspector of Police on 29.05.2016 at about 06.30 p.m., Ex.P7 FIR was registered by P.W.9 and thereafter, P.W.10 had taken investigation of the case on

30.05.2016 and thereafter, went to the place of occurrence and prepared observation mahazer Ex.P8 and examined the witnesses and thereafter, he altered Sections from 366 to 342 and 363 of IPC through Ex.P10 alteration report and then filed final report. After filing the final report, the copies of records relied on by the prosecution were furnished to the accused under Section 207 of Cr.P.C. The case was committed to the Sessions Court by the Judicial Magistrate No.II, Karur. Originally six persons were arrayed as accused in the trial Court and all the accused appeared before the trial Court and the trial Court framed charges for the offences under 343 and 366 of IPC. After framing charges, the charges were read over and explained to the accused but the accused denied the charges.

3.The prosecution had examined P.W.1 to P.W.10 and marked Exs.P.1 to P.10 and marked M.O.1. On the side of the accused, no one was examined and one document was marked as Ex.D1. After examination of prosecution witnesses, the accused was examined under Section 313(1)(b) of Cr.P.C., and he denied the evidences.

4.Upon perusing the oral and documentary evidences, the trial Court found the appellant guilty for the offence punishable under Section 366 of IPC. The appellant was acquitted from the charges under Section 343 of IPC. The appellant was convicted under Section 366 of IPC and sentenced him to undergo ten years rigorous imprisonment and to pay a fine of Rs.1,000/- in default to undergo one month simple imprisonment, by a judgment, dated 14.06.2017 and other accused were acquittal from all the charges framed against them.

5.Aggrieved by the said judgment and conviction, the appellant has preferred this present appeal on the following grounds:-

The trial Court failed to see the date of occurrence is 26.05.2016 and the FIR was registered only on 29.05.2016. The delay has not been properly explained by the prosecution. There is a delay in sending FIR to Court and the same was not explained by the prosecution. The evidence of P.W.1 is highly doubtful and there are major contradictions and the same was not considered by the trial Court. The trial Court failed to note that as per evidence of P.W.1 and P.W.2, two complaints were given bu