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2021 Supreme(Mad) 2772

P.VELMURUGAN
Sasikaumar – Appellant
Versus
State, Rep. by Inspector of Police, Bhavanisagar Police Station – Respondent


Advocates:
Advocate Appeared:
For the Appellant :K.M. Subheramaniam, Advocate.
For the Respondent:R. Suryaprakash, Government Advocate

JUDGMENT :

Prayer: Criminal Appeal filed under Section 374(2) of Criminal Procedure Code, to set aside the Conviction and Sentence, dated 22.10.2019 in Spl.S.C. No.18 of 2018, passed by the learned Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Erode.

1. This Criminal Appeal has been filed against the Conviction and Sentence imposed on the Appellant vide Judgment, dated 22.10.2019 in Spl.S.C. No.18 of 2018, passed by the learned Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Erode.

2. The Respondent-Police registered a case in Crime No.95 of 2018 against the Appellant and yet another Accused for the offence under Sections 294(b), 323 & 506(ii) of I.P.C., and laid the Charge-sheet before the learned Sessions Judge, Magalir Neethi Mandram (Fast Tract Mahila Court), Erode.

3. The Sessions Court has considered the capitalized of the offence in the Charge-sheet, and the case was taken on file in Spl.S.C. No.18 of 2018. Charges were framed against the Appellant for the offence under Section 11(i)(iv) of the Protection of Children from Sexual Offences Act, 2012 (in short POCSO Act) & 294(b), 323 & 506(ii) of I.P.C.

4. After framing Charge, in order to prov

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