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2020 Supreme(Mad) 2306

B.PUGALENDHI
Maharajan – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appellant : A. Thiruvadi Kumar
For the Respondent:A. Robinson, Government Advocate

JUDGMENT :

B. Pugalendhi, J.

1. The appellant was tried for the charge under Section 4 of Protection of Children from Sexual Offences Act 2012 (hereinafter called as POCSO Act for brevity), before the Sessions Court, Mahalir Neethimandram (Fast Track Mahila Court), Thoothukudi in S.C. No. 12 of 2015. The trial Court, by its Judgment dated 14.09.2015, found this appellant guilty for the charge, convicted and sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 2,000/-, in default to undergo one month rigorous imprisonment. Aggrieved over the conviction and sentence imposed by the trial Court, the present Criminal Appeal is filed.

2. The brief facts of the prosecution, in a nut shell, are as follows:

    (i) The defacto complainant [P.W. 1] had studied up to 12th Standard by staying at her grandmother's house in Vallanadu. P.W. 11-Essakkimathi is her cousin residing at Ambasamuthram and she visited Vallanadu for a Village Temple Festival in the month of May 2013. The appellant-Maharajan and his friend-Velmurugan are residents of Seevalaperi Village, Palayamkottai Taluk and they also attended the village festival in the month of May 2013. In the village fest

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