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2021 Supreme(Mad) 970

P.VELMURUGAN
Duraisamy – Appellant
Versus
State by Inspector of Police All Women Police Station at Kondalampatti – Respondent


Advocates:
Advocate Appeared:
For the Appellants : M/s. R. Krishnakumar, P. Thalapathi, M. Satham Hussain.
For the Respondent: Mr. R. Suryaprakash.

JUDGMENT :

P. VELMURUGAN, J.

1. This Criminal Appeal has been filed against the Judgment dated 24.04.2019, made in Spl. S.C. No. 1/2015, on the file of Mahila Court, Salem.

2. The respondent police registered a case against the appellant in Crime No. 7 of 2014 for the offences punishable under Section 8 r/w 7 of the Prevention of Children from Sexual Offences Act 2012 (in short ‘POCSO’ Act). After investigation, charge sheet was laid and the same was taken on file in Spl. S.C. No. 1 of 2015, by Mahila Court, Salem.

3. After completing the formalities, the learned Judge framed charges against the accused and after trial, found the appellant guilty of the offences punishable under Section 8 r/w 7 of the POCSO Act and convicted and sentenced the appellant to undergo rigorous imprisonment for five years and to pay a fine of Rs. 10,000/- in default to undergo 6 months simple imprisonment. The sentences were ordered to run concurrently. Aggrieved by the said conviction and sentence, the accused is before this Court by filing this Appeal.

4. The learned counsel for the appellant would submit that the appellant had not committed the sexual assault as alleged by the prosecution, and the theory p

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