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2023 Supreme(Mad) 3140

K. MURALI SHANKAR
Mariappan – Appellant
Versus
Inspector of Police, All Women Police Station, Rajapalayam, Virudhunagar – Respondent


Advocates appeared: For the Appellant :K. Muthumalai, Advocate. For the Respondent: R. Meenakshi Sundaram Additional Public Prosecutor.

JUDGMENT

(Prayer: Criminal Appeal filed under Section 374 Cr.P.C., to call for the records pertaining to the judgment dated 14.12.2022, in Spl.S.C.No.6 of 2020, on the file of the Sessions Judge (Special Court of POCSO Act Cases), Virudhunagar District at Srivilliputhur and to set aside the same.)

1. The Criminal Appeal is directed against the judgment of conviction passed in Spl.S.C.No.6 of 2020 dated 14.12.2022 on the file of the Special Court for POCSO Act cases, Srivilliputhur.

2. The Inspector of Police, All Women Police Station, Rajapalayam, Virudhunagar District has laid the final report against the accused alleging the following facts: The accused is a fruit vendor, in a push cart near Thalavoipuram opticals. The defacto complainant is the mother of the victim girl. The victim girl, who has studied upto 5th std., is aged 13 years 13 days on the date of occurrence, her date of birth is 04.03.2005. The victim's brother was in the habit of receiving fruits for free from the accused. On 17.03.2018, when the brother and sister went to the push cart of the accused, he gave them fruits free of costs and informed that he would give more fruits if they come to his home on that night. T

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