ORDER :

G.K.ILANTHIRAIYAN, J.

This criminal appeal has been filed praying to set aside the order of conviction and sentence imposed by the learned Sessions Judge, Fast Track Mahalir Court, Krishnagiri in Spl.SC.No.38 of 2016 dated 25.07.2018, thereby convicting the accused for the offence punishable under Section 3 r/w 4 of POCSO Act

2. The case of the prosecution is that the victim was born on 07.04.1998 as per her transfer certificate issued by her Headmaster and while she was studying 12th standard, the accused promised to marry her and due to falling in love on the pretext of marriage, they had physical relationship, due to which she got pregnant. The pregnancy was terminated by administering medicine. Thereafter, once again the victim girl had physical relationship with the accused and got pregnant. Second time also she was administered some medicine and her pregnancy got aborted. Thereafter the accused refused to marry her and as such, she lodged complaint. On the complaint, the respondent registered FIR in crime No.4 of 2016 for the offences punishable under Section 3 and 4 of POCSO Act. After completion of investigation, final report was filed and the same was taken cognizance by the trial court and charges were framed under Section 3 r/w 4 of POCSO Act.

3. In order to bring the charges to home, the prosecution had examined PW1 to PW13 and marked Ex.P1 to Ex.P17. On the side of the accused, no one was examined and no documents were produced to disprove the charges. On perusal of oral and documentary evidences, the trial court found the accused guilty for the offence under Section 3 r/w 4 of POCSO Act and sentenced him to undergo 7 years rigorous imprisonment with fine of Rs.1,000/-, in default of which to undergo six months rigorous imprisonment. Aggrieved by the same, the present criminal appeal has been filed by the accused.

4. The learned counsel appearing for the appellant would submit that the prosecution failed to prove the age of the victim. Admittedly the accused and the victim fell in love and they had living relationship. Though the victim girl got pregnant, on her own, she aborted the child. Further, the victim had absolute knowledge that the accused is a married person and even then, she fell in love with him and had physical relationship. When the victim insisted the accused to marry her, when the accused refused to do so since he is already a married person, a false complaint was foisted as if the victim girl was only 17 years at the time of the alleged occurrence, thereby FIR was registered.

5. Per contra, the learned Government Advocate(crl.side) appearing for the respondent submitted that the transfer certificate of the victim was marked as EX.P2. It was recorded only from the records which were very much available at the time of admitting the victim girl in school. The birth certificate was marked through PW9, who was none other than the Headmaster of the school in which the victim studied 12th standard. Further, the medical evidence also clearly proves that she got pregnant twice and the pregnancy got aborted. Therefore, the prosecution categorically proved the charges and the trial court rightly convicted the accused. As such, the impugned order of conviction and sentence does not warrant any interference by this Court.

6. Heard, the learned counsel appearing on ether side and perused all the materials placed before this Court.

7. The respondent registered FIR by recording the statement from the victim. The statement of the victim was marked as Ex.P13. As per Ex.P13, she categorically admitted that after completion of her 12^th std, she fell in love with the accused and they lived together as husband and wife for three years and during their relationship, she got pregnant twice and the pregnancy got aborted by administering of pills. Further, she did not want to register any case as against him since she hoped that he would come one day and marry her. She categorically stated in her statement that she was ag