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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN
Prabakaran – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. conviction for offences under ipc and pocso act. (Para 1 , 2 , 3) |
| 2. arguments regarding victim's consent and age. (Para 4 , 6) |
| 3. failure to conclusively prove victim's age. (Para 5 , 9 , 10) |
| 4. conviction overturned due to lack of proof. (Para 11) |
ORDER :
1. This appeal has been preferred against the judgment passed in Spl.S.C.No. 21 of 2020 on the file of the Sessions Judge, Fast Track Mahila Court, Krishnagiri, whereby the appellant was convicted for the offences punishable under Section 366 of I.P.C and Section 5 (l) r/w Section 6 of the POCSO Act, 2012.
2. The case of the prosecution is that, on 14.08.2019, the minor victim was kidnapped by the appellant on the pretext of a love affair and marriage, and was taken to Thirupathur, Sivagangai. They stayed in a rented house, where the appellant committed aggravated penetrative sexual assault on the victim. Based on the complaint, the respondent registered an FIR. After completion of investigation, a final report was filed and cognizance was taken for the offences under Sections 363 and 366 of the INDIAN PENAL CODE , and under Section Section 5 (l) r/w Section 6 of the POCSO Act, 2012.
3. In order to bring home the c
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