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2021 Supreme(Mad) 962

P.VELMURUGAN
Amul Raj – Appellant
Versus
State Rep by the Inspector of Police, Nallipalayam Police Station – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M/s. Vasavi Sridevi.
For the Respondent: Ms. T.P. Savitha.

JUDGMENT :

P. VELMURUGAN, J.

1. This Criminal Appeal has been filed against the conviction and sentence imposed by the learned Sessions Judge, (Fast Track Mahila), Namakkal in Special C.C. No. 6 of 2017, dated 05.01.2018.

2. The respondent Police have registered a case in Crime No. 375 of 2016, for the offence under Section 366(A) IPC against the appellant on the complaint (Ex.P1) given by the mother of the victim child (PW-1). After completing investigation, the respondent police altered the charges into Section 366 IPC and Section 3 r/w 4 of the Protection of Children from Sexual Offence Act, 2012 (hereinafter referred to as ‘POCSO Act’) and laid a charge sheet before the learned Sessions Judge, (Fast Track Mahila), Namakkal and the same was taken on file in Special C.C. No. 6 of 2017.

3. After completing the formalities under Section 207 Cr.P.C. since there was a prima-facie material to frame charge against the appellant, the learned Sessions Judge, farmed charges under Section 366(A) and Section 5(l) r/w 6 of the POCSO Act.

4. After completing the trial and hearing the arguments advanced on either side and also considering the oral and documentary evidence, the learned trial Judge f

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