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2024 Supreme(Online)(MAD) 36338

HIGH COURT OF MADRAS
Honourable Mr Justice N. SESHASAYEE
E.NARESHKUMAR AGED 22 YEARS – Appellant
Versus
STATE REPRESENTED BY – Respondent


JUDGMENT

This appeal is preferred challenging the judgment convicting the appellant for an offences under Sec. 363 of IPC and Section 6 of POCSO Act as well as sentence imposed on him. The appellant was sentenced to 3 years rigorous imprisonment and a fine of Rs.5,000/- in default six months simple imprisonment for the offence under Section 363 of IPC, and 10 years rigorous imprisonment and a fine of Rs.5,000/- in default six months simple imprisonment for offence under Section 6 of the POCSO Act.

2. The case of the prosecution is that on 26.12.2014, the appellant had abducted P.W.2, a minor girl of the de-facto complainant (PW1), and committed penetrative offence on her. The complaint was promptly preferred by PW1, following which Virugambakkam Police had registered a case as girl missing, and the girl was secured only after about 1½ months. Pursuant to the investigation, the investigating agency came to know that the appellant herein had abducted the victim girl and had physical relationship with her and accordingly, the case came to be altered to one under Section 366-A of IPC and Section 6 of POCSO Act.

3. Subsequently, FIR came to be transferred to All Women Police Station, Vada

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