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2021 Supreme(Online)(MAD) 24899

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


J U D G M E N T

This Criminal Appeal has been filed against the Judgment of Conviction and Sentence, dated 26.04.2019 made in Special S.C.No.06 of 2016, on the file of the learned Special Judge, Karaikal.

2. The respondent Police have registered a case in Crime No.139 of 2013, for the offence punishable under Section 6 of Protection of Children from Sexual Offence Act, 2012 (hereinafter referred to as 'POCSO Act') against the appellant on the complaint (Ex.P1) given by PW1. After completing investigation, the respondent police laid a charge sheet before the learned Special Judge, Karaikal, and the same was taken on file in Special S.C.No.06 of 2016.

3. After completing the formalities under Section 207 Cr.P.C., since there was a prima facie material to frame charges against the appellant, the learned Sessions Judge framed charges for the offence punishable under Section 6 of POCSO Act.

4. After completing the trial and hearing the arguments advanced on either side and also considering the oral and documentary evidence, the learned Special Judge found that the appellant has not committed the charged offence, however, found that he has committed the offence punishable under Section 10 of

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