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2021 Supreme(Mad) 1315

R.PONGIAPPAN
Naganathasethupathy – Appellant
Versus
State rep by the Inspector of Police, Kattanoor Police Station, Virudhunagar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :G. Karuppasamy Pandian, Advocate.
For the Respondent:E. Antony Sahayaprabahar, Government Advocate (Crl.side).

JUDGMENT :

(Prayer: The Criminal Appeal is filed under Section 374 (2) of the Code of Criminal Procedure, to call for the records and set aside the order of conviction and sentence, dated 07.09.2016 made in S.C.No.37 of 2015, on the file of the learned Fast Track, Mahila Court, Virudhunagar District at Srivilliputhur and allow this appeal and acquit the appellant/accused from the charge leveled against him.)

1. The present appeal is directed against the conviction and sentence, dated 07.09.2016, made in S.C.No.37 of 2015, on the file of the Fast Track Mahila Court, Virduhunagar District at Srivilliputhur.

2. The appellant is the sole accused. He stood charged for the offences punishable under Sections 366(A) and 376 of IPC and Section 3 r/w 4 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred as “POCSO Act”). The appellant/accused denied the charges as false and opted for trial.

3. After full-fledged trial, the learned Mahila Judge, Virdhunagar District at Srivilliputhur, convicted the accused under Section 366(A) of IPC and sentenced to undergo Rigours Imprisonment for 10 years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for s

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