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2022 Supreme(Mad) 1749

V. SIVAGNANAM
Suresh – Appellant
Versus
State represented by the Inspector of Police, Palacode – Respondent


Advocates appeared:
For the Appellant:M.G. Udaya Shankar, S. Shanthakumari, Advocates. For the Respondent:J. Subbiah, Govt. Advocate (Crl. Side).

JUDGMENT

(Prayer: This Criminal Appeal has been filed under Section 374 Cr.P.C. to set aside the judgment of conviction and sentence against the appellant herein dated 06.10.2016 in Special Sessions Case No.24 of 2015 on the file of the Fast Track Mahila Court, Dharmapuri.)

1. Accused (A1) in Special Sessions Case No.24 of 2015 on the file of the Fast Track Mahila Court, Dharmapuri, is the appellant herein.

2. The Inspector of Police, Palacode Police Station, prosecuted the appellant/accused along with his father A2 and mother A3 for having trespassed into the house of the victim girl and made her to believe that he will marry her and committed penetrated sexual assault and thereafter, cheated. Besides, the accused made criminal intimidation and threatened her attracting the offences punishable under sections 448, 417, 506(ii) IPC along with section 5(l) r/w 6 of the Protection of Children from Sexual Offences Act, 2012.

3. In the trial Court, the prosecution examined 15 witnesses PW1 to PW15 and filed 11 documents Ex.P1 to P11. On the accused side, no witnesses were examined and no documents were filed.

4. The trial Court, on considering the oral and documentary evidence, found that al

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