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2021 Supreme(Mad) 2957

R.PONGIAPPAN
Murugesan – Appellant
Versus
State rep. by Inspector of Police, Cheranmahadevi Police Station, Tirunelveli – Respondent


Advocates Appeared:
For the Appellant : Mr. K.K. Samy, Legal Aid Counsel.
For the Respondent: Mr. M. Muthumanikkam Counsel for Government of Tamil Nadu (Crl.side).

JUDGMENT :

The present Criminal Appeal is directed against the conviction and sentence, dated 10.03.2016, made in Special S.C.No.17 of 2014, on the file of the learned Sessions Judge, Mahalir Neethimandram, Tirunelveli.

2. The appellant herein is the sole accused. He stood charged for the offences punishable under Section 363 IPC and Section 6 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred as “POCSO Act”).

3. After full-fledged trial, the learned Sessions Judge, Mahalir Neethimandram, Tirunelveli, came to the conclusion that the appellant was guilty for an offence punishable under Section 6 of POCSO Act, convicted and sentenced to undergo Rigorous Imprisonment for 10 years and to pay a fine of Rs.1,000/-, in default, to undergo Simple Imprisonment for 1 year. In respect to the offence under Section 363 IPC, the learned Sessions Judge acquitted the accused from the charge. Challenging the said conviction and sentence, the appellant is before this Court with this Criminal Appeal.

4. The relevant facts of the case, which gave rise to filing of this appeal are necessary to be recapitulated for the disposal of this appeal:-

(i) P.W.2-X- is the victim girl. P.W

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