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2021 Supreme(Mad) 1680

Kumar @ Kumaresan – Appellant
Versus
State, Represented by the Inspector of Police, Erode – Respondent


Advocates Appeared:
For the Appellant : P.K. Ganesh.
For the Respondent: M. Babu Muthu Meeran, Addl. Public Prosecutor.

JUDGMENT :

R.N. Manjula, J.

(Heard through video conference)

(Prayer: Criminal Appeal filed under Section 374(2) Cr.P.C. seeking to set aside the judgment of conviction and sentence dated 21.08.2017 passed in Special Case No.14 of 2017 on the file of the Additional Sessions Judge, Magalir Neethimanram (Fast Track Mahila Court) Erode.)

1. This Criminal Appeal has been filed against the judgment of conviction and sentence dated 21.08.2017 passed in Special Case No.14 of 2017 on the file of the Additional Sessions Judge, Magalir Neethimanram (Fast Track Mahila Court) Erode.

2. The facts of the case in brief is as under:

The victim boy is the son the defacto complainant. On 17.11.2016, the victim boy went to his grandmother’s house and stayed there. Next day morning at about 9.00 a.m., he went to school by a mini bus. After the school was over, he did not reach back to his parents’ house. On the way to his home he got down at Erode bus stand and was urinating behind the bus. The accused who came there in a motorcycle took the victim boy by telling that he would drop him at his house. As the accused took a different road, the victim boy questioned him. The accused threatened the victim boy an

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