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2018 Supreme(Mad) 1374

R.SUBBIAH, A.D.JAGADISH CHANDIRA
A. Kalimuthu – Appellant
Versus
State represented by The Inspector of Police All Women Police Station Madurai Town Madurai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. M. Shankar for Mr. R. Babu Jaganath
For the Respondent: Mr. C. Ramesh Additional Public Prosecutor

JUDGMENT :

R. SUBBIAH, J.

1. The appellant in this appeal is the sole accused in Special Sessions Case No. 27 of 2015 on the file of Sessions Judge for Mahila Court, Madurai. He stood charged for the offences punishable under Sections 5 (l) read with 6 of The Protection of Children from Sexual Offences Act (in short 'POSCO'). The trial court, after conclusion of trial, passed the judgment dated 25.04.2016 convicting the appellant for the offences punishable under Sections 5 (l) read with 6 of POSCO and sentenced him to undergo imprisonment for life together with fine of Rs.5,000/- failing which to undergo simple imprisonment for a period of one year. By the said Judgment dated 25.04.2016, the trial Court also directed the Government to pay a sum of Rs.10,00,000/- as compensation to the victim child for the trauma and mental disturbance suffered by her on account of the act of the appellant.

2. The accused/appellant is the father of the minor victim girl, PW1, who was 16 years at the time of occurrence. PW2 is the mother of PW1 and wife of the accused/appellant. PW3 is the brother of PW1 and son of the accused/appellant and PW2. According to PW1, her father is a drunkard addicted to al






































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