ASHOK BHUSHAN, R.SUBHASH REDDY, M.R.SHAH
GANESAN – Appellant
Versus
STATE REPRESENTED BY ITS INSPECTOR OF POLICE – Respondent
JUDGMENT :
M.R. SHAH, J.
Leave granted.
2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 29.04.2019 passed by the High Court of Judicature at Madras in Criminal Appeal No. 844 of 2018, the appellant – original accused has preferred the present appeal.
3. That the appellant herein – original accused was tried by the learned Fast Track Mahila Court, Dharmapuri for the offences punishable under Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the “POCSO Act”). That relying upon the deposition of PW3 – victim, who at the relevant time was studying in 5th standard and aged 13 years, convicted the accused for the offence under Section 7 of the POCSO Act and sentenced him to undergo three years rigorous imprisonment, which is the minimum sentence provided under Section 8 of the POCSO Act. The learned trial Court also passed an order to pay rupees one lakh to the victim girl, by way of compensation, under Rule 7(2) of the Protection of Children from Sexual Offences Rules, 2012.
4. Feeling aggrieved and dissatisfied with the judgment and order of conviction and sentenced passed by the learned tr
Vijay alias Chinee v. State of Madhya Pradesh
Krishan Kumar Malik v. State of Haryana (2011) 7 SCC 130 – Relied [Para 9.2]
Rai Sandeep alias Deepu v. State (NCT of Delhi)
Vinod Kumar v. Gangadhar (2015) 1 SCC 391 – Referred [Para 6.1]
Anokhilal v. State of Madhya Pradesh AIR 2020 SC 232 – Referred [Para 6]
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