Statutory rape occurs regardless of victim consent; conviction under POCSO depends on age determination, with delays in reporting not undermining the prosecution's case.

JUDGMENT

(Judgment of this Court was delivered by R.POORNIMA, J.

This Criminal Appeal is filed against the conviction and sentence passed against the appellant / Sole Accused in the judgment dated 08.10.2021 passed by the Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Virudhunagar District at Srivilliputhur, dated 08.10.2021 in Spl.S.C.No.37 of 2016 by convicting and sentencing the appellant for the offence punishable under Sections 363, 341, 342 of IPC, under Sections 8 r/w7 of Protection of Children from Sexual Offences Act, 2012 , under Section 10 r/w 9(k),(l) of and under Section 6 r/w.5(l) (m) of and sentenced him to undergo seven years imprisonment and to pay a fine of Rs.1,000/- for the offences punishable under Section 363 of IPC and sentenced him to undergo three months imprisonment and to pay a fine of Rs.1,000/- for the offences punishable under Section 341 of IPC and sentenced him to undergo one year imprisonment and to pay a fine of Rs.1,000/- for the offences punishable under Section 342 of IPC and sentenced him to undergo five years imprisonment and to pay a fine of Rs.1,000/- for the offences punishable under Section 8 r/w.7 of , and sentenced him to undergo seven years imprisonment and to pay a fine of Rs.1,000/- for the offences punishable under r/w.9(k), (l) of and sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000/- for the offence under r/w.5(l) (m) of . If the fine amounts are not paid by accused, he shall undergo six months simple imprisonment each concurrently. All sentences shall run concurrently.

2. The case of the prosecution in brief is as follows:

(a) As per the prosecution's case, the complainant's daughter was suffering from severe fever at the age of 6, which resulted in a mild intellectual disability and therefore, she was not sent to School.

(b) One year back, the complainant along with her other children had gone out, leaving behind her victim daughter xxx alone at home. Upon their return, they saw the accused coming out of their house. The complainant and her sons shouted at him.

(c) She was informed by witnesses Valarmathy and Bhuvaneshwari that about ten months ago, when her daughter xxx was walking along the roadside, the accused forcibly took her to his house and locked her inside and had committed penetrative sexual assault. Due to the assault the victim raised alarm. The passersby Valarmathi and Bhuvaneshwari had knocked the door of the house and the accused had opened the door after some time and the said Valarmathi and Bhuvaneshwari rescued the victim child and conveyed the same to the complainant and the complainant reached the place and enquired her daughter and she had informed that the accused forcibly took her into his house and had committed aggravated penetrative sexual assault on several occasions for quite some time. In order to protect her daughter she did not permit her to go out of the house. Subsequently, they came to know that the victim was pregnant. To avoid disgrace to the family, they attempted to terminate the pregnancy and took her to Palayamkottai High Ground Government Hospital for an abortion. The doctor examined the victim and stated that she was unfit to undergo abortion. Therefore, she was provided medical treatment once a month until delivery of the child at Palayamkottai High Ground Government Hospital. On the Tamil month Puratashi 5^th day, a boy child was born to the victim girl. Hence, the complaint.

(d) Based on the information received from the Deputy Superinte