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2023 Supreme(Mad) 964

D. BHARATHA CHAKRAVARTHY
State Rep. by The Public Prosecutor – Appellant
Versus
Dandayutham @ Kannan – Respondent


Advocates Appeared:
For the Appellant :Mr. R. Kishore Kumar, Government Advocate (Crl. Side).
For the Respondents: Mr. M. Umashankar, M/s. A. Veeramarthini, Legal Aid Counsel, Ms. Kalpana, Legal Aid Counsel, Mr. N. Ponraj.

JUDGMENT :

PRAYER : Criminal Appeal filed under Section 378 of The Criminal Code of Procedure, to allow the appeal, set aside the judgment of acquittal passed by the learned Principal Sessions Judge, Tiruppur in S.C.No.92 of 2013, dated 04.04.2014 and convict and sentence the accused.

A. The Appeal :

This appeal is filed by the State aggrieved by the judgment, dated 04.04.2014 of the learned Principal Sessions Judge, Tiruppur in S.C.No.92 of 2013, thereby, acquitting the respondents / accused, more specifically the respondent No.1 / accused No.1, of the offences under Section 6 read with Section 5(i), (m) and (r) of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act'); under Sections 450 and 307 of The Indian Penal Code (hereinafter referred to as 'The IPC') and the respondent Nos. 2 to 4 / accused 2 to 4, of the offence punishable under Section 506 (ii) of IPC.

B. The Complaint :

2. On 12.04.2013, when P.W.18 was on duty at the All Women Police Station, Tiruppur, P.W.1, ZZZZ (name redacted) appeared before her at about 24:00 hours and h

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