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2021 Supreme(Mad) 1114

P.VELMURUGAN
Pasuvaraj @ Kallaiya S/o. Kubendiran – Appellant
Versus
State rep. by The Inspector of Police, All Women Police Station, Hosur – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms.Revathy G.Mohan Legal Aid Counsel Mr.E.Kannadasan
For the Respondent:Mr. C.Raghavan Government Advocate (Crl.Side)

JUDGMENT :

The Criminal Appeal has been filed against the conviction and sentence imposed by the learned Sessions Judge, Fast Track Mahila Court, Krishnagiri, Krishnagiri District in Spl.S.C.NO.54/2018, dated 16.03.2020.

2. The respondent police registered a case against the appellant in Crime.No.6 of 2018 for offence under Section 366, 342 IPC and under Section 5(1) r/w. 6 of the POCSO Act. After investigation, a charge sheet was filed before the Special Judge, Mahila Court, Namakkal. The learned Special Judge taken the charge sheet on file in Special S.C.No.54 of 2018 and after trial, convicted the appellant for the offence under Section 366, 342 IPC and under Section 5(1) r/w. 6 of the POCSO Act. Challenging the said conviction and sentence, the appellant has filed the present appeal before this Court.

3. Learned counsel for the appellant would submit that there are material contradictions between the evidence of the Doctor, P.W.2 and the victim girl, P.W.1. regarding the place of occurrence and manner of occurrence and sexual assault made by two unknown persons repeatedly. The Trial Court convicted the appellant based on the evidence of P.W.1. The victim girl was examined as P.W.1

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