BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 16.06.2021 Pronounced on : 03.09.2021 CORAM THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR CRL.A(MD).No. 195 of 2016 Suresh @ Sureshkumar : Appellants / Accused Vs.

State rep. by The Inspector of Police, Ponmalai All Women Police Station, Thiruchirappalli.

(Crime No. 151 of 2015) : Respondent / complainant PRAYER:- Criminal Appeal filed under Section 374 Cr.P.C., to call for the records relating to the judgment dated 06.04.2016 made in Spl.S.C.No.18 of 2015 passed by the Sessions Judge, Mahilar Court, Thiruchirappalli and set aside the same and acquit the appellant/accused.

For Appellant : Mr.S.Krishna Moorthy, Legal Aid Counsel.

For respondent : Mr.T.Senthil Kumar, Government Advocate (Crl.side)

JUDGMENT

The Criminal Appeal is directed against the judgment of conviction passed in Spl.S.C.No.18 of 2015, dated 06.04.2016 on the file of the learned Sessions Judge, Mahilar Court, Thiruchirappalli.

2. The Inspector of Police, All Women Police Station, Ponmalai, Trichy City, has laid the final report against the accused alleging that the victim and two other girls, who were the inmates of Annai Ashram, had left the Ashram on 06.05.2015 at 22.30 hours without informing anybody, that after visiting some places, they had reached the Villupuram Bus Stand on 10.05.2015 at 04.30 hours, that the accused after receiving phone call from the victim, came to Villupuram Bus Stand at 11.00 pm on 10.05.2015 and kidnapped her with intention to rape her, that the accused had taken the victim to Pasuvappatti Village of Chennimalai, Erode District and rented a house and stayed there till 29.05.2015, that the accused had sexual intercourse with the victim girl many times during the said period and that thereby, the accused is said to have committed the offences punishable under Section 366(A) IPC and under Section 5 (1) r/w 6 of Protection of Children from Sexual offences, Act 2012.

3.After receipt of the final report, the case was taken on file in Spl.S.C.No.18 of 2015 on the file of the Mahila Court, Thiruchirappalli. After appearance of the accused, copies of records were furnished to him under Section 207 Cr.P.C., on free of cost. The learned Sessions Judge, on perusal of records and on hearing both the sides, being satisfied that there existed a prima facie case against the accused, framed charges under Section 366(A) IPC and under Section 5(1) r/w 6 of Protection of Children from Sexual Offences Act, 2012 and the same were read over and explained to him and on being questioned, the accused denied the charges and pleaded not guilty.

4.The prosecution, in order to prove its case, had examined 24 witnesses as P.W.1 to P.W.24 and exhibited 27 documents as Ex.P.1 to Ex.P.27 and eight material objects as M.O.1 to M.O.8.

5.The case of the prosecution emerging from the evidence adduced on their side, in brief is as follows:

(a) P.W.2 victim is the daughter of P.W.10 ; P.W.3 is her sister and P.W.4 is her stepmother. P.W.6 was the Superintendent; P.W.1/ defacto complainant was the Children Welfare Officer; P.W.3 and P.W.5 were cooks and P.W.7 was the Watchman of Annai Ashram, Trichy, during the occurrence period. P.W.2, P.W.8 and P.W.9 were the inmates of the Ashram before the occurrence.

(b) On 06.05.2015 at about 10.30 pm, when P.W.1 was taking rollcall, she found that P.W.2, P.W.8 and P.W.9 were missing. After receiving the information, P.W.6 came to the Ashram and she along with P.W.1, P.W.5 and P.W.7 searched in the adjoining places and bus stand, but their efforts were of no avail. Thereafter, P.W.1 has preferred a complaint before the Trichy Airport Police Station at about 07.00 am on the next day morning under Ex.P.1.

(c) P.W.22 Sub Inspector of Police who was on duty at Airport Police Station received the complaint from P.W.1 and registered a case in Crime No. 151 of 2015 as 'Girl missing' and prepared the First Information Report under Ex.P.18.

(d) P.W.2 and P.W.3 and one boy Selvakumar were born to P