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2021 Supreme(Mad) 1117

P.VELMURUGAN
Rajendran – Appellant
Versus
State, rep. by Inspector of Police, All Women Police Station, Namakkal – Respondent


Advocates Appeared:
For the Appellants : Mr. S. Shunmugavelayutham, Senior Counsel for Mr. K.T.S. Sivakumar, Senior Counsel for Mr. B. Vasudevan.
For the Respondent:Ms. T.P. Savitha, Government Advocate [Crl. Side].

JUDGMENT :

Both Criminal Appeals have been filed against the conviction and sentence imposed by the learned Sessions Judge (Fast Track Mahila), Namakkal in Special C.C.No.38 of 2016, dated 20.11.2018.

2. The respondent Police have registered a case in Crime No.78 of 2016, for offence under Section 366(A) IPC against the appellants on the complaint (Ex.P1) given by the mother of the victim child (PW1). During investigation, the respondent police altered Section into 366(A) IPC and Sections 3 r/w 4 of the Protection of Children from Sexual Offence Act, 2012 (hereinafter referred to as 'POCSO Act') and after completing the investigation, again altered the Sections into 366, 366 r/w 109, 366 r/w 114 and Section 5(l) r/w 6 and 17 of POCSO Act and Section 9 of Prohibition of Child Marriage 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.38 of 2016.

3. After completing the formalities under Section 207 Cr.P.C., since there was a prima facie material to frame charges against the appellants, the l

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