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2024 Supreme(Online)(MAD) 1359

HIGH COURT OF MADRAS
M.S. RAMESH, J
KALIMUTHU – Appellant
Versus
STATE BY INSPECTOR OF POLICE – Respondent


Advocates:
Mr.N.Ponraj, Mr.A.Gokulakrishnan Additional Public Prosecutor

JUDGEMENT

(Order of the Court was delivered by SUNDER MOHAN,J.)

This Criminal Appeal has been filed by Accused No.2, challenging the conviction and sentence imposed upon him, vide judgment dated 28.03.2019 in Spl.S.C.No.35 of 2017, on the file of the learned Sessions Judge, Magalir Neethimandram [Fast Track Court], Tiruppur.

2.(i) It is the case of the prosecution that the victim, a minor girl aged 14 years at the time of occurrence, while she was with her friend-PW5, near a public toilet at Sandhaipettai, on 09.03.2017 at about 9.30 p.m., the appellant (A2) and A1 came in a TVS-50 Moped bearing Regn.No.TN38 A 4576 assaulted PW5 and took the victim girl in PW5's bike to the corn fields belonging to one Prabhavathy at Dharapuram and committed repeated penetrative sexual assaults on her.

(ii) It is the further case of the prosecution that the victim girl made a complaint [Ex.P1] to the police on 10.03.2017 at about 3.00 p.m., before the respondent police. PW13, the Sub Inspector of Police, registered the FIR in Cr.No.2 of 2017 for the offences under Sections 366-A and 392 of the IPC and Section 5(g) read with Section 6 of the Protection of Children from Sexual Offences Act (hereinafter

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