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D.BHARATHA CHAKRAVARTHY
Azhagan @ Prabhu – Appellant
Versus
State by the Inspector of Police – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. S. Jevakumar, Advocate
For the Respondent:Mr. S. Vinoth Kumar, Government Advocate (Crl. Side)

ORDER

The appellant, being the sole accused in Spl.S.C.No.23 of 2015 on the file of the Mahalir Neethimandram, Salem, has filed an appeal aggrieved by the judgment dated 29.06.2018, in and by which, he is found to be guilty for the offence under Section 6 r/w 5(k) and 5(j)(ii) of the POCSO Act and under Section 506(i) of the Indian Penal Code.

2. On 19.12.2013, P.W.1, the victim, appeared before P.W.12, the Sub-Inspector of Police, All Women Police Station, Kondalampatti and lodged a complaint to the effect that, she is aged about nineteen years and the appellant who is her neighbor, is aged about thirty years and she got acquainted with the appellant since she used to go to his house for watching television and about three months prior to the complaint, at about 10.00 PM in the night, the appellant called the victim for a physical relationship, when she refused, he forcibly pushed her down on the mud and since she attempted to shout, stuffed her mouth with a piece of cloth and had intercourse and since her periods stopped for the passed three months, when she was going to the medical shop to get some medicines to abort the foetus, the appellant’s sister confronted her and upon

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