Crl.A.No.722 of 2017

and

Crl.M.P.No.14190 of 2017

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on :03.11.2022

Pronounced on

:11.11.2022

Coram:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN

Crl.A.No.722 of 2017

and

Crl.M.P.No.14190 of 2017

K.Palanisamy

.. Appellant

/versus/

State by Inspector of Police,

All Women Police Station,

Neyveli Township,

Mantharankuppam Police Station,

Cuddalore District.

Crime No.49 of 2015

.. Respondent

Prayer:

Criminal Appeal has been filed under Section 374(2) of

Criminal Procedure Code, to set aside the order of conviction imposed in

judgment dated 11.08.2016 made in Spl.S.C.No.28 of 2015 on the file of the

District Magalir Sessions Court, Cuddalore by allowing this Criminal

Appeal.

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Crl.A.No.722 of 2017

and

Crl.M.P.No.14190 of 2017

For Appellant

:Mr.R.Shase

For Respondent

:Mr.R.Kishore Kumar

Government Advocate (Crl.Side)

-----

J U D G M E N T

The Criiminal Appeal is preferred by the sole accused being aggrieved

by the order of conviction dated 11/08/2016 in Spl.S.C 28/2015 on the file

District Magalir Sessions Court, Cuddalore.

2.

The particulars of the offences and the terms of sentence

imposed by the trial court are as under:-

Convicted for the offence

under Sections by the trial

Court

Conviction and sentence imposed by the trial

Court

Section 366-A IPC

Sentenced him to undergo 7 years RI and to pay a fine

of Rs.1000/-, in default, to undergo 1 year RI

Section 9 of the Prohibition

of Child Marriage Act, 2006

Sentenced him to undergo 1 year RI

Section 5(1) r/w Section 6

of the Protection of Children

from Sexual Offences Act,

(POCSO Act), 2012

Sentenced to undergo him to 10 years RI and to pay a

fine of Rs.1000/- in default to undergo 1 year RI.

The period of Substantive Sentence ordered to run concurrently. The period

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Crl.A.No.722 of 2017

and

Crl.M.P.No.14190 of 2017

of imprisonment pending trial ordered to be set off under Section 428 of

Cr.P.C.

3.

The case of the prosecution:

On 03/04/2015 at about 8.00 p.m, the parents of the PW-2(victim

girl) who was about 17 years old leaving her at home went to attend the

Village Ayyanar Temple Festival. When they returned home at about

midnight from the temple festival, they found PW-2 was missing. After

searching her at all probable places found not traceable. The information

gathered in the course of search revealed that the petitioner (Palanisami)

aged about 37 years had kidnapped her with intention to have sex with her.

Hence, police complaint Ex.P-1 was given on 07/04/2015 at about 16.00 hrs

by PW-1,the father of minor girl. Based on the complaint, First Information

Report [Ex.P-9] was registered in Crime No:49/2015 under Section 366-A

IPC. Later, it was altered into Sections 363,365,366 A IPC and Section 5 (l)

r/w Section 6 of the Protection of Children from Sexual Offences Act, 2012

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Crl.A.No.722 of 2017

and

Crl.M.P.No.14190 of 2017

and Section 9 of Prohibition of Child Marriage Act, 2006.

4.

The trial Court, on examining the records filed along with the

Final Report, framed charges for the offences under Section 366 A IPC,

Section 9 of Prevention of Child Marriage Act,2 006 and Section 5(l) r/w 6

of the Protection of Children from Sexual Offences Act, 2012.

5.

On appreciating the evidence of PW-1 to PW-12, the

documents marked as Ex.P-1 to Ex.P-13 and the Material Objects M.O-1 to

M.O-9, the trial Court has found the accused guilt of charges under Section

366(A)of IPC, Section 9 of Prevention of Child Marriage Act, 2006 and

Section 5(l) r/w Section 6 of the Protection of Children from Sexual Offences

Act, 2012.

6.

The trial Court from the testimony of the witnesses and the

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Crl.A.No.722 of 2017

and

Crl.M.P.No.14190 of 2017

exhibits, has ascertained the age of PW-2 as 21