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2023 Supreme(Online)(MAD) 19066

HIGH COURT OF MADRAS
Hon`ble Mr.Justice P. DHANABAL
VIJAYENDHARAN – Appellant
Versus
THE INSPECTOR OF POLICE – Respondent


JUDGMENT

This Criminal Appeal has been filed against the judgment and conviction passed in S.C.No.21 of 2014 dated 12.08.2016 on the file of the learned Sessions Judge, Fast Track Mahila Court, Sivagangai.

2. The appellant was convicted for the offences under Section

5(m)r/w.6 of POCSO Act and sentenced to undergo ten years rigorous imprisonment and to pay a fine of Rs.5000/- indefault to undergo six month simple imprisonment.

3. The case of the prosecution is that on 24.09.2013 at about 4.30 pm., the victim/ girl child aged about 4 ½ years went to the petty shop of the accused, where the accused committed penetrative sexual assault. Thereafter when the mother of the victim came and searched the victim at that time the child was crying and when she asked about the same she told that the accused has taken her into the petty shop and committed penetrative sexual assault, thereafter the victim was taken to hospital and then the mother of the victim gave complaint/Ex.P.1. Based on that complaint, P.W.16 registered First Information Report/Ex.P.16. Thereafter the case was investigated by P.W.19 and she examined witnesses, recorded statements, collected documents and thereafter she filed fin

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