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2019 Supreme(Mad) 2115

V.PARTHIBAN
Sabari – Appellant
Versus
Inspector of Police, Belukurichi Police Station – Respondent


Advocates:
Advocate Appeared:
For the Appellant :L. Rama, Advocate
For the Respondent: V. Sarathadevi, G.A.

JUDGMENT :

V. PARTHIBAN, J.

1. This criminal appeal is directed against the order of the Court of Sessions, Fast Track Court (Mahila Judge), Namakkal, in Special Calendar Case No. 55 of 2015, dated 20.06.2018, convicting the appellant/A1 under Section 363 of IPC and Section 5(1) read with Section 6 of POCSO Act, 2012 and sentencing him to undergo five years Rigorous Imprisonment, along with a fine of Rs. 2,000/-, in default, sentencing him to undergo Rigorous Imprisonment for three months for the offence under Section 363 IPC; and further sentencing him to undergo Rigorous Imprisonment for ten years along with a fine of Rs. 3,000/-, in default, sentencing him to undergo Rigorous Imprisonment for four months for the offence under Section 5(1) r/w Section 6 of Protection of Children from Sexual Offences Act, 2012 ('POCSO Act' for brevity).

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

    (i) The appellant/accused was in relationship with a minor girl (P.W.2) and had kidnapped her on 28.06.2014 from the lawful custody of her grandparents and thereafter committed sexual assault

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