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2022 Supreme(Mad) 3841

P. N. PRAKASH, N. ANAND VENKATESH
Manikandan – Appellant
Versus
State rep. by The Inspector of Police All Women Police Station – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. P. Muthamizh Selvakumar
For the Respondent: Mr. Babu Muthumeeran Additional Public Prosecutor

JUDGMENT :

N. ANAND VENKATESH, J.

This Criminal Appeal has been filed against the judgment and order passed by the Sessions Judge, Special Court for POCSO Act Cases, Cuddalore, in Spl.S.C.No.64 of 2019 dated 23.12.2020, convicting and sentencing the accused/appellant in the following manner:

Offence Sentence

Section

5(m) read with Section 6 of the POCSO Act read with Section 376-AB IPC

Life imprisonment and to pay a fine of Rs.5,000/-, in default to undergo three months simple imprisonment

Section 506(I) IPC

Two years rigorous imprisonment and to pay a fine of Rs.1,000/-, in default to undergo one month simple imprisonment

The aforesaid sentences were ordered to run concurrently.

2. The case of the prosecution is as under :

2.1. The victim child aged about 6 years was playing near Mariamman temple and the appellant (A-1) is said to have lewd the child as if he is going to get her chocolate and took the child to a building belonging to the local body and laid her on the floor, removed her inner garments and committed penetrative sexual assault on h

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