JUDGMENT

This criminal appeal is preferred against the order dated 23.01.2023 passed in Spl.CC.No.102 of 2020 by the learned Principal Special Court for Exclusive Trial of Cases under POCSO Act , Coimbatore, thereby the appellant was convicted for the offence punishable under Section 363 of IPC and Section 5(1), 6 of POCSO Act .

A) CASE OF THE PROSECUTION:

2. The case of the prosecution is that a minor victim girl in this case, who was aged about 17 years 9 months and 12 days, was alone in her home on 19.08.2020. She called her boyfriend to her house. The accused came to her house and both had physical relationship since the parents of the victim girl had gone to Palani. Thereafter, when the parents of the victim arranged marriage of her with her maternal uncle, she eloped with the accused and stayed in his grandparents' house. During their stay there, they again had physical relationship. The specific case of the prosecution was that the accused came to the victim's house and after knowing that her parents went out of station, he induced her to have sexual intercourse on the pretext of marriage. Further, he kidnapped her to his grandparents' house and there, he committed penetrative