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2021 Supreme(Mad) 2869

P.VELMURUGAN
Nehru S/o Karuppiah – Appellant
Versus
State Rep. by the Inspector of Police, Ariyalur Police Station – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sivasubramanian S.
For the Respondent: Mr. S. Sugendran.

JUDGMENT :

P. VELMURUGAN, J.

1. This Criminal Appeal has been filed to set aside the conviction passed by the learned Sessions Judge Fast Track Mahila Court, Ariyalur in Special S.C. No. 38 of 2018 dated 29.01.2021.

2. The respondent police initially registered the case in Crime No. 414 of 2018 under Section “Girl Missing” and after enquiry the case was altered into Sections 363, 366(A) IPC, 5(1) read with 6 of POCSO Act and the appellant was implicated as an accused. After completing the investigation, the respondent police laid charge-sheet for the offences punishable under Section 366 IPC and Section 6 of POCSO Act before the Fast Track Mahila Court, Ariyalur, since the offences were against a woman particularly against a child under the definition of Section 2(1)(d) of POCSO Act. The learned Magistrate after completing the formalities taken up the case in Spl. S.C. No. 38 of 2018 and subsequently, framed charges against the appellant for the offences punishable under Sections 366 IPC, Section 6 of POCSO Act and Section 376(2)(n) of IPC.

3. After framing charges, in order to prove the case of the prosecution during trial, on the side of the prosecution as many as 14 witnesses were e

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