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2021 Supreme(Mad) 1007

P.VELMURUGAN
Sakthivel – Appellant
Versus
State by the Inspector of Police, All Women Police Station, Krishnagiri, Krishnagiri District – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.E.Kannadasan
For the Respondent:Mr.R.Surya Prakash Government Advocate (Crl.Side)

JUDGMENT :

1. This Criminal Appeal has been filed against the Judgment dated 16.04.2019 in Spl.S.C.No.36 of 2018 on the file of the learned Fast Track Magalir Neethi Mandram, Krishnagiri, Krishnagiri District.

2.The case of the prosecution is that on 08.04.2018 at about 4.30 p.m the appellant abducted the victim girl (P.W.2) from her house to Tirupathi for the purpose of committing sexual assault. On the same day itself, he married the victim girl at Kiltirupathi. Thereafter, on 11.04.2018, the appellant took the victim girl to his friend's house situated at Avadanapatti Colony, Krishnagiri District and forcibly committed sexual assault with her. Subsequently, a complaint has been filed by (P.W.1), who is the mother of the victim girl before the respondent police. Based on the complaint given by P.W.1, the respondent police arrested the appellant and secured the victim girl.

3.The respondent police registered a case in Crime No.8 of 2018 for the offence punishable under Section 366(A) IPC later altered into Section 5(l) r/w 6 of The Protection of Children from Sexual Offences Act, 2012 [hereafter 'POCSO Act' for the sake of convenience]. After investigation, the respondent police file

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