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2022 Supreme(Online)(MAD) 7253

HIGH COURT OF MADRAS
R.Subramanian, N.Sathish Kumar, JJ
Arun alias Murugan – Appellant
Versus
The State – Respondent


Advocates:
For the Appellants/Petitioners: Mr.G.Thalaimutharasu
For the Respondents: Mr.A.Thiruvadikumar, Additional Public Prosecutor

Table of Content
1. conviction and sentencing of the accused confirmed under pocso due to established sexual assault on a minor. (Para 1 , 2 , 3)
2. arguments presented concerning the credibility of the victim's testimony and evidence regarding age. (Para 4 , 5)
3. court observations linked determination of age to school records as valid proof. (Para 6 , 7 , 8)
4. consent is irrelevant in cases involving minors; the relationship was coercive. (Para 10 , 12 , 14)
5. sentencing modified to rigorous imprisonment of 10 years, with specific court directives. (Para 15 , 16)

JUDGMENT

R.SUBRAMANIAN, J. AND N.SATHISH KUMAR, J.

This appeal has been filed by the appellant / sole accused as against the conviction and sentence, dated 21.11.2019, made in S.C.No.17 of 2016, by the learned Sessions Judge, Fast Track Mahila Court, Sivagangai.

2. The appellant / sole accused stood convicted and sentenced to undergo imprisonment as detailed hereunder:

Conviction U/s.SentenceFine amount
6 r/w 5(l), 5(j)(ii) of the Protection of Children from Sexual Offences Act, 2012To undergo life imprisonmentTo pay a fine of Rs.1,000/-, in default, to undergo one year rigorous imprisonment.
313 IPCTo undergo life imprisonmentTo

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