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2016 Supreme(Mad) 3552

S.NAGAMUTHU, V.BHARATHIDASAN
Shahees – Appellant
Versus
State Rep. by the Inspector of Police, W25, All Women Police Station – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. V.K. Sathiamurthy.
For the Respondent: Mr. M. Maharaja.

JUDGMENT :

S. Nagamuthu, J.

1. The appellant is the sole accused in S.C. No. 247 of 2013 on the file of the learned Sessions Judge, Magalir Neethimandram, Chennai. He stood charged for offences under Sections 376(f)(g), 324 and 506(i) of IPC and Sections 5(g) and 6 of The Protection of Children from Sexual Offences Act, 2012 [In short, "the POCSO Act"]. The trial court, by judgment dated 22.12.2014, convicted the accused under Section 5(g) and 6 of The Protection of Children from Sexual Offences Act, 2012 and under Section 324 of IPC. The trial court, however, acquitted the accused from the charge under Sections 376(f)(g) and 506(i)of IPC. For the offence under Section 324 of IPC, the trial court sentenced the accused to undergo rigorous imprisonment for two years and for the offence under Section 5(g) and 6 of the POCSO Act sentenced him to undergo imprisonment for life. Challenging the above said conviction and sentence, the accused has come up with this criminal appeal.

2. The case of the prosecution in brief is as follows:-

P.W.1 is the mother of P.W.2, a female child hardly aged 3 years and 9 months at the time of occurrence. P.W.1 was deserted by her husband. She was living along

















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