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2023 Supreme(Online)(MAD) 4941

HIGH COURT OF MADRAS
Hon`ble Ms Justice R.N. MANJULA
YOUGARAJ – Appellant
Versus
STATE REP BY – Respondent


JUDGMENT

This criminal appeal has been filed against the judgment of conviction and sentence made in Spl.C.C.No.15 of 2022, dated 30.11.2022 passed by the learned Sessions Judge, Mahila Court (FTMC), Udhagamandalam at Nilgiris.

2. The appellant is the sole accused and against whom PW2, the father of the victim girl had given a complaint that his daughter was missing and on the basis of which, a case has been registered in Crime No.136 of 2021 before the respondent Police. After investigation, charge sheet has been filed against the accused for the offences under Sections 366, 342 I.P.C. and Section 7 r/w 8 of the Protection of Child from Sexual Offences Act, 2012. After trial, the accused was found guilty for the offences under Sections 366 and 342 of IPC and not guilty for the offences under Section 7 r/w 8 of the POCSO Act. The trial Court convicted the accused and sentenced him to undergo two years simple imprisonment and to pay a fine of Rs.1000/- and in default to pay the fine, to undergo a further period of simple imprisonment for three months for the offence under section 366 I.P.C., and for the offence under Section 342 I.P.C. to pay a fine of Rs.1000/- and in default to pay

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