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2021 Supreme(Mad) 3475

P.VELMURUGAN
M. Murali – Appellant
Versus
State Rep. by The Inspector of Police, All Women Police Station, Ponneri – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Mahaveer Shivaji
For the Respondent:Mr.S.Sugendran Government Advocate, Mr.R.C.Paul Kanagaraj

JUDGMENT :

This Criminal appeal is filed by the de facto complainant against the judgment of acquittal dated 28.03.2019 passed in Spl.S.C.No.27 of 2017 by the learned Sessions Judge, Magalir Needhimandram, Tiruvallur District.

2. The first respondent police registered a case against the 3rd respondent/accused herein in Crime No.5 of 2016 for the offence under Section 354 (A) of IPC and Sections 9 (f), 9(m), 9(k) of the Protection of Children from Sexual Offences Act, 2012 [ hereinafter referred to as the 'POCSO Act' for the sake of convenience]. After completing the investigation, they have filed a charge sheet before the learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Tiruvallur, since the offence is against a girl child. After completing the formalities, the learned Sessions Judge taken the case on file in Spl.S.C.No.27 of 2017 and charges were framed against the 3rd respondent for the offence under Sections 342, 354(A)(1)(i), 376 (1) (f) (i) IPC and Section 5 (m) punishable under Section 6, 7 punishable under Section 8, 9(f), (k) and (m) punishable under Section 10 of the POCSO Act.

3. In order to prove the case of the prosecution before the trial Court, on

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