6.The learned counsel for the appellant/A2 would submit that there are material contradictions in the statement made by P.Ws.1 to 3. The trial Court failed to consider the complaint Ex.P1 given by P.W.1/ mother of the victim girl and the First Information Report/Ex.P6 which was registered by P.W.9/Inspector of Police. The name of the victim girl was mentioned as Nabisha in both Ex.P1 and Ex.P6 and later it was strike down and written as Seema, which creates suspicion on credibility of the complaint and the First Information Report. Even P.W.1 has stated that she does not know what was written in Ex.P1/complaint. The evidence of P.W.1 and P.W.3 are totally contradictory each other with regard to the relationship of A2. Even there is a doubt on the evidence of P.W.11/Inspector of Police i.e she arrested A1 and A2 on 10.04.2015 at 5.00 p.m. in London Pettai Bus Stand, when she was in patrol duty, on the identification of P.W.1. However, P.W.1 during her examination has stated that she, her relative and two police men found the accused and her daughter in Tiruppur and bring them to Krishnagiri and produced before the respondent police. Therefore, there is a material contradiction in the evidence of prosecution witnesses. The learned counsel would further submit that there is no material to establish that the appellant abetted A1 to kidnap the victim girl and to commit the offence under POCSO Act and he has not involved any commission of the said offence. All the materials are only against A1 not against this appellant/A2. There is no ingredients of Section 366 (A) IPC r/w 109 IPC made out against this appellant. However, the learned Sessions Judge failed to consider the material contradictions and also failed to found that the prosecution has not established its case beyond all reasonable doubts against the appellant herein and erroneously convicted the appellant only on assumption and on sympathy. Therefore, the judgment of conviction and sentence passed by the trial Court against the appellant/A2, is liable to be set aside.
