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2021 Supreme(Mad) 383

James – Appellant
Versus
State, Rep. by, The Inspector of Police, Salem – Respondent


Advocates Appeared:
For the Appellant :Reshmi Christy, Advocate.
For the Respondent:T.P. Savitha, Government Advocate [Crl. Side].

JUDGMENT :-

(Prayer: Criminal Appeal filed under Section 374(2) of the Code of Criminal Procedure, to set aside the judgment and sentence passed in Old S.C.No.10 of 2018 New S.C.No.71 of 2019, dated 01.09.2020 by the Special Court of The Protection of Children from Sexual Offences Act (POCSO Act) 2012, Salem.)

1. This Criminal Appeal has been filed against the Judgment of conviction and sentence imposed by the learned Sessions Judge, Special Court for trial of cases under the Protection of Children from Sexual Offence Act, 2012, Salem in Old Special S.C.No.10 of 2018 and New Special S.C.No.71 of 2019.

2. The respondent Police have registered a case in Crime No.12 of 2015, for offence under Sections 7 and 8 of Protection of Children from Sexual Offence Act, 2012 (Hereinafter referred to as 'POCSO Act') against the appellant on the complaint (Ex.P1) given by the mother (PW.1) of the victim child (PW.2). After completing investigation, the respondent Police laid a charge sheet before the learned Sessions Judge, Magalir Neethimandram, Salem and same was taken on file as Special S.C.No.10 of 2018.

3. After completing the formalities under Section 207 Cr.P.C., since there was a prima facie m

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