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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
Desingu – Appellant
Versus
The Deputy Superintendent of Police, Porto Novo, Cuddalore – Respondent
| Table of Content |
|---|
| 1. overview of charges and initial proceedings against the appellant. (Para 1 , 2 , 3) |
| 2. presentation of evidence from the prosecution and defense. (Para 4 , 5 , 6) |
| 3. review of victim's medical examination and its implications. (Para 7 , 8 , 9) |
| 4. modification of conviction based on insufficient proof of initial charges. (Para 10 , 11) |
JUDGMENT
This Criminal Appeal has been filed as against the order passed in Special S.C.No.5 of 2020 dated 18.03.2022, on the file of the Special Court (POCSO cases), Cuddalore, thereby convicting the appellant for the offences punishable under Sections 5 (m) and 6 of POCSO Act, Sections 3(1)(r), 3(1)(w)(i), 3(2)(v) of the Scheduled Caste ad the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2012.
2. The case of the prosecution is that on 12.12.2019, when the minor girl, aged about 3 years was playing in front of her house, the accused allegedly taken her to his house and touched her genitalia and inserted his fingers into her genitalia. Therefore, the victim girl suffered pain during her natural calls. It was informed to her grand mother and thereafter, it was informed to the mother of the victim. Hence, the complaint.
3. On r
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