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G. K. ILANTHIRAIYAN
Sakthi @ Sakthivel – Appellant
Versus
State, Rep. by the The Inspector of Police, Dharmapuri – Respondent
JUDGMENT
(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records relating to the complaint in Spl.SC.No.16 of 2021 on the file of the Fast Track Mahila Court, Dharmapuri and quash the same as far as the petitioners are concerned.)
1. This petition has been filed to quash the proceedings in Spl.SC.No.16 of 2021 on the file of the Fast Track Mahila Court, Dharmapuri, thereby taken cognizance for the offences under Sections 366, 366(A) IPC & 5(1), 6, 16, 17 of POCSO Act, 2012 and Sections 9, 10 of Prohibition of Child Marriage Act, 2006 in Crime No.11 of 2020, as against the petitioners.
2. The case of the prosecution is that on 14.08.2020 at about 14.30 hrs, one, Santhosini lodged a complaint against the petitioners before the respondent stating that in the year 2018, the defacto complainant was studying 11th standard. At that time, A1 namely Sureshkumar had love with the defacto complainant and on 03.02.2018, when the defacto complainant was washing the clothes near the Well in her land, at that time the Sureshkumar kidnapped the defacto complainant and married and also stayed three days in the house of his parental uncle i.e. Paneer. On 0
The main legal point established in the judgment is that the grounds for quashing proceedings under Section 482 Cr.P.C should not be considered based on the validity of evidence, and the trial Court ....
The court's decision emphasized that the power under Section 482 of Cr.P.C should not be used to inquire into the validity of the evidence, but only to consider whether the allegations in the complai....
The court emphasized the need for legislative amendments to address cases involving adolescents in relationships and the implications of the POCSO Act on such situations.
The Court emphasized the need for legislative amendments to address cases involving adolescents in relationships and highlighted the importance of considering individual circumstances and the impact ....
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