ABHAY S. OKA, J. FACTS

1. These two Appeals have been preferred by the accused nos.2 and 1 respectively against the impugned judgment dated 27th July, 2016 passed by the High Court of Judicature at Madras, whereby their conviction and sentence have been confirmed. The appellants-accused have been convicted for the offence punishable under Section 364A read with Section 34 of the Indian Penal Code, 1860 (for short, “IPC”). Both of them have been sentenced to undergo life imprisonment.

2. With a view to appreciate the controversy, a brief reference to the factual aspects will be necessary. PW-1 and PW-3 are respectively the father and the mother of PW-2 (the child who is the victim of the offence). The age of the child-PW-2 at the relevant time was eight years. The child/PW-2 was taking education in third standard. After returning from the school, the child-PW-2 CRIMINAL APPEAL NO. 607/2024 1 Digitally signed by ASHISH KONDLE Date: 2024.02.27 17:02:21 IST Reason:

Signature Not Verified used to visit the house of PW-5, who was running tuition classes.

The child-PW-2 used to return around 07:30 p.m.

3. On 20th October, 2010, the child-PW-2