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2021 Supreme(Mad) 1018

P.VELMURUGAN
Kumar – Appellant
Versus
State by Inspector of Police, All Women Police Station, Sooramangalam, Salem District – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.M.Karthik for Mr.C.Vasudevan
For the Respondent:Mr.R.Suryaprakash, Government Advocate

JUDGMENT :

1. This Criminal Appeal has been filed against the conviction and sentence imposed by the learned Sessions Judge, Special Court for Exclusive trial of cases under the Protection of Children from Sexual Offence Act, Salem in Special S.C.No.30 of 2019, dated 05.08.2020.

2.The respondent Police have registered a case in Crime No.9 of 2016, for offence under Section 5(m) r/w 6 of Protection of Children from Sexual Offence Act, 2012 (hereinafter referred to as 'POCSO Act') against the appellant on the complaint (Ex.P1) given by PW1. After completing investigation, the respondent police laid a charge sheet before the learned Sessions Judge, Special Court for Exclusive trial of cases under the Protection of Children from Sexual Offence Act, Salem and the same was taken on file in Special S.C.No.74 of 2016 and subsequently, it was renumbered as Special S.C.No.30 of 2019.

3.After completing the formalities under Section 207 Cr.P.C., since there was a prima facie material to frame charges against the appellant, the learned Sessions Judge farmed charges under Section 6 of POCSO Act.

4.After completing the trial and hearing the arguments advanced on either side and also considering the

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