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2019 Supreme(Mad) 2314

S.VAIDYANATHAN, N.ANAND VENKATESH
Udhyanithi – Appellant
Versus
State through The Inspector of Police, Budalur Police Station, Thanjavur – Respondent


Advocates:
Advocate Appeared:
For the Appellant :K. Karunanithi, Advocate.
For the Respondent: M. Chandrasekaran, Additional Public Prosecutor.

JUDGMENT :

S. VAIDYANATHAN, N. ANAND VENKATESH, JJ.

Prayer: Criminal Appeal is filed under Section 374(2) of the Code of Criminal Procedure to set aside the judgment and conviction dated 12.06.2016, by the learned Sessions Judge, Mahalir Neethimandram (Fast Track Mahila Court), Thanjavur in Spl.S.C.No.20 of 2016 and acquit the appellant.

1. The sole accused, aggrieved by the judgment passed by the Mahila Court (Fast Track Mahilla Court), Tanjore made in Spl.S.C.No.20 of 2016 dated 12.06.2017, convicting the appellant for the offense under Section 6 read with 5(m) of the POCSO Act and sentencing him to undergo life imprisonment and to pay a fine of Rs.1,000/- and in default to undergo three months simple imprisonment and to further pay a compensation of a sum of Rs.2,00,000/-(Rupees Two lakhs only), has preferred this Criminal Appeal before this Court.

2. The case of the prosecution is that on 05.06.2015, at about 4:00 p.m., the appellant had sexually assaulted the victim girl (P.W.2) at the back side of the house of one Gunasekaran at Rayandur Kaliyamman Koil street. The mother of the victim girl (P.W.1) was informed about this incident by the victim girl (P.W.2) and when P.W.1 attempt

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