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HIGH COURT OF MADRAS
M.SUNDAR, R.SAKTHIVEL, JJ
Duraisingham – Appellant
Versus
State by: The Inspector of Police All Women Police Station North Tiruppur. – Respondent
| Table of Content |
|---|
| 1. background of the case and accusations. (Para 1 , 2) |
| 2. arguments of both parties regarding evidence. (Para 5 , 6) |
| 3. court's evaluation of witness testimonies. (Para 7 , 9 , 10) |
| 4. legal provisions related to burden of proof in pocso cases. (Para 14 , 19) |
| 5. conclusion on sentencing and adherence to law. (Para 18 , 20) |
| 6. final judgment summary and modifications. (Para 22) |
JUDGMENT
R.SAKTHIVEL, J.
This Criminal Appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 [hereinafter shall referred to as 'Cr.P.C' for the sake of convenience and clarity] by the sole accused in Spl. S.C.No.31 of 2017 on the file of Magalir Neethimandram (Fast Track Mahila Court) Tiruppur, assailing the judgment awarded by the trial court on 28.09.2018, in which he was convicted for the offences under Sections 5 (l) r/w 6 and 5(n) r/w 6 of Protection of Children From Sexual Offences Act, 2012 [hereinafter shall referred to as 'POCSO Act' for the sake of convenience and clarity] and sentenced to undergo Rigorous Imprisonment for Life, with fine of Rs.10,000/- for each of the offences under (l) r/w 6 and 5(n) r/w 6 of POCSO Act, in default of payment of fine, to undergo
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