JUDGMENT

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

The appellant, who is the first accused in the criminal case in

Spl.S.C.No.20 of 2017 and sentenced to undergo life imprisonment for the offence punishable under Section 6 of the Protection of Children from Sexual offences Act, 2012, (hereinafter referred to as POCSO Act, 2012), and to pay a fine of Rs.1,00,000/- in default of the same to undergo Simple Imprisonment for a period of two years.

2(a). It is the case of the prosecution that the appellant is the stepfather of the victim; that the victim’s mother and her biological father got separated; that the victim’s mother (A2) got acquainted with the appellant and they were both living as husband and wife; that the victim was living with her grandmother; that the appellant used to visit the victim and during those visits used to have sexual intercourse with the victim by making her unconscious by giving sleeping tablets in the juice; that when the victim informed her mother (A2), she supported the appellant and advised the victim to adjust with him; that the victim became pregnant and her mother (A2) took her to the hospital; that on

29.11.2016, the Doctors examined the victim and found her to be pregnant and informed the Police; that on 01.12.2016, the victim gave a complaint/Ex.P14, which was registered in Cr.No.7 of 2016, under Sections 6 & 17 of the POCSO Act, 2012 and Section 313 of the Indian

Penal Code. (FIR was marked as Ex.P15.)

(b) P.W.13/Inspector of Police, took up the investigation, and examined witnesses, proceeded to the place of occurrence, and prepared Observation Mahazar/Ex.P2 and Rough Sketch/Ex.P16 at 6.00 P.M on 01.12.2016. On the same date, P.W.13 arrested both the accused, and thereafter, the accused were remanded to judicial custody. On 20.12.2016, P.W.13, gave a request to the learned Chief Judicial Magistrate,Villupuram, for recording the statement of the victim under Section 164 Cr.P.C. On the same day, P.W.13 recorded the statements of the Doctors and the statement of the Assistant Director, Forensic Science Department, who conducted the DNA test. She obtained a copy of the birth certificate of the victim, marked as Ex.P17. After examination of other witnesses, P.W.13 filed the Final Report before the learned Sessions Judge, Magalir Neethi Mandram, (Fast Track Mahila Court), Villupuram in Spl.S.C.No.20/2017 under Sections 6 and 6 r/w Section 17

of the POCSO Act, 2012, and Section 313 of the IPC against the accused.

(c) The accused were furnished with copies of the statements.

On the appearance of the accused, the provisions of Section 207 Cr.P.C. were complied with, and the case was taken on file as Spl.S.C.No.20 of 2017. The trial Court, viz., the learned Sessions Judge, Magalir Neethi Mandram, (Fast Track Mahila Court), Villupuram, framed charges for the offences under Section 6 of the POCSO Act, 2012, as against the appellant and when questioned, the appellant pleaded 'not guilty'.

(d) In order to prove the case, the prosecution examined P.W.1 to

P.W.13 and marked Exs.P1 to P17. When the appellant was questioned, u/s.313 Cr.P.C., on the incriminating circumstances appearing against him, he denied the same. The appellant and the second accused neither examined any witnesses nor marked any documents.

(e) On appreciation of oral and documentary evidence, the trial

Court found that, on consideration of the evidence, that the appellant is guilty of the offence under Section 6 of the POCSO Act, 2012, and sentenced him to Life imprisonment and a fine of Rs.1,00,000/- in default to undergo Simple imprisonment for a further period of two years. The trial Court acquitted the second accused of the offence under

Section 6 r/w 17 of the POCSO Act, 2012, and Section 313 of the IPC.

(f) Challenging the above conviction and sentence, the accused/first accused has preferred the appeal.

3. The learned counsel for the appellant submitted that the victim and the other witnesses examined on the side of the prosecution