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2022 Supreme(Online)(MAD) 36266

HIGH COURT OF MADRAS
Hon`ble Mr Justice P. VELMURUGAN
S.PRAKASH – Appellant
Versus
STATE BY – Respondent


O R D E R

This Criminal Appeal is preferred by the appellant/accused against the judgment passed by the learned Special Judge for POCSO Act, Salem in S.C.No.66 of 2019 dated 26.08.2021.

2. The appellant is accused and the respondent is complainant.

Initially, the respondent police had registered a case in Cr.No.427 of 2015 against the appellant under girl missing. Subsequently, the respondent police conducted investigation and laid charge sheet under Sections 363, 366 of IPC, Section 9 of Prohibition of Child Marriage Act, 2006 and Section 6 r/w. 5(1) of Protection of Children from Sexual Offences Act, 2012. After taking cognizance of the offences, the learned Sessions Judge, Mahila Court taken the case on file in Spl.S.C.No.5 of 2018. Since the offence is against the woman and it is triable by the Court of the Session, the Mahila Court framed charges against the appellant. Subsequently after establishment of Special Court under POCSO Act, the case was transferred before the learned Special Judge for POCSO Act and renumbered as S.C.No.66 of 2019. The learned Special Judge after completion of trial, convicted the accused and sentenced him to undergo 5 years of Rigorous Imprisonment an

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