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2021 Supreme(Mad) 1003

P.VELMURUGAN
T. Albert – Appellant
Versus
State Rep. by its The Inspector of Police, All Women Police Station, St. Thomas Mount, Chennai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M/s.S.Uma Maheswari Legal Aid Counsel
For the Respondent:Mr.T.P.Savitha Government Advocate (Crl.Side)

JUDGMENT :

1. This Criminal Appeal has been filed against the Judgment dated 09.07.2019 passed in Spl.C.No.24 of 2017 by the Sessions Judge, Mahila Court, Chengalpattu.

2.The case of the prosecution is that on 04.04.2016, when the victim girl was alone in her house, the accused/appellant entered into her house and threatened her and committed aggravated penetrative sexual assault. Thereafter, on 14.11.2016, once again he has committed the said offence. Subsequently, the parents came to know about the incident P.W.1, the mother of the victim girl lodged a complaint against the appellant.

3.The respondent police registered a case in Crime No.7 of 2016 for the offence punishable under Section 4 of The Protection of Children from Sexual Offences Act, 2012 [hereafter 'POCSO Act' for the sake of convenience] and Section 376 IPC. On the basis of the complaint, the respondent police investigated the matter and filed a charge sheet before the learned Sessions Judge, Mahila Court, Chengalpattu. Since the offence is against a child, it falls within the meaning of POCSO Act and the learned Sessions Judge had taken cognizance of the charge sheet in Spl.C.No.24 of 2017. After completing formalities

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