(Prayer: Criminal Appeal is filed under Section 374(2) of Cr.P.C to call for the records relating to the Judgment passed by the Mahila Court, Pudukkottai in Spl.S.C.No.18 of 2022, dated 15.02.2023 and set aside the same.)

G.K. Ilanthiraiyan, J.

1. This appeal arises out of the Judgment passed in Spl.S.C.No.18 of 2022, dated 15.02.2023, on the file of the Mahila Court, Pudukkottai, thereby convicting the appellant for the offences punishable under Section 6(1) of POCSO Amendment Act, 2019 and 363 of IPC.

2. The case of the prosecution is that the victim girl is the daughter of the complainant. The victim girl is aged about 17 years. The accused had been residing near the complainant's house and the accused had been moving closely with the victim girl stating that he was in love with her and would marry her. On 14.02.2021 afternoon at 2.00 p.m., when the victim girl was alone in the house, the accused had come in a drunken mood and asked food and when the victim girl had brought food and gave in the house of the accused, the accused had pulled the victim girl's hand and with sexual intent had forced her and had committed penetrative sexual assault on her. Thereafter, the accused had instigated the victim girl to come out of her house and on 12.11.2021 morning at 08.00 a.m., the accused had taken her in a bus to Velankanni and then to Thirupur and on 14.11.2021 had taken a house for rent and had made the victim girl stay with him and since then, the accused had repeatedly committed penetrative sexual assault on the victim girl and eventually she had gotton pregnant and had also clinically aborted the foetus in a private clinic. On the complaint lodge by her father,, the respondent registered the F.I.R in Crime No.25 of 2021 for the offences punishable under Section 366(A) of IPC altered into 5(l), 5(j)(ii) r/w 6(i) of POCSO Act against the appellant. After completion of investigation, a final report was filed and the same has been taken cognizance by the trial Court.

3. The Trial Court framed charges for the offences punishable under Section 6(1) of POCSO Act and Section 363 of I.P.C..

4. In order to bring the charges to home, the prosecution had examined P.W.1 to P.W.8 and marked Ex.P.1 to Ex.P.11. On the side of the accused, he had examined D.W.1 and no documents were produced before the trial Court.

5. On perusal of oral and documentary evidence, the Trial Court found the appellant guilty for the offences punishable under Section 363 of IPC and 6(1) of POCSO Act. He was sentenced to undergo 7 years rigorous imprisonment and imposed a fine of Rs. 2,00,000/- in default, to undergo rigorous imprisonment for one year for the offence under Section 363 of IPC. He was also sentenced to undergo Life Imprisonment and imposed a fine of Rs.20,000/- in default, to undergo rigorous imprisonment for one year for the offence under Section 6(1) of POCSO Act. Aggrieved by the same, the present appeal has been filed by the appellant.

6. Heard the learned counsel appearing on either side and perused the materials available on record.

7. While pending appeal, the appellant married the victim girl on 28.10.2024. The marriage was also duly registered before the registering authority. Today, the certificate of their marriage registration has been produced before this Court. Both the appellant and the victim girl appeared before this Court. The victim girl deposed that she married with the appellant and their marriage was also registered and she is living with the appellant happility.

8. In this regard, it is relevant to rely upon the Judgment of the Hon'ble Supreme Court of India in the case of Mahesh Mukund Patel Vs. State of Uttar Pradesh and others [2025 SCC Online SC 614], wherein, it is held that in a case of this nature, where the victim, after attaining majority has married the accused and their marriage is also registered, no useful purpose would be served by continuing the prosecution and that it would cause undue hardship to all the parties concerned.

9. Now, the learned Additional Public Prosecutor appearing for the respondent confirmed that both the appellant and the victim girl have married, their marriage was duly registered with the registering authority and they are living happily.

10. In view of the above, in order to meet the ends of justice, if the conviction is allowed to stand, no useful purpose would be served. Therefore, the order of the conviction and sentence imposed on the appellant in Spl.S.C.No.18 of 2022 dated 15.02.2023, on the file of the Mahila Court, Pudukkottai, cannot be sustained and are liable to be set aside.

11. In the result, this Criminal Appeal is allowed and the Judgment made in Spl.S.C.No.18 of 2022 dated 15.02.2023, on the file of the Mahila Court, Pudukkottai, is hereby set aside. The appellant is acquitted of all the charges. The bail bond, if any, executed by the appellant shall stand cancelled. The fine amount, if any paid, shall be refunded to the appellant. The appellant shall be set at liberty forthwith, if he is no longer required in connection with any other case.

12. The learned Additional Public Prosecutor appearing for the respondent would submit that while pending trial, the victim compensation amount to the tune of Rs.4,00,000/- (Rupees Four Lakhs only) was paid to the victim.

13. Considering the facts and circumstances of the case and also considering the fact that the appellant married the victim girl, this Court directs the appellant to refund the said compensation amount of Rs.4,00,000/- to the respondent police, within a period of twelve weeks from the date of receipt of a copy of this order.