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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
Chellappan – Appellant
Versus
The State Rep by The Inspector of Police, All Women Police Station, Ammapettai, Salem District – Respondent
| Table of Content |
|---|
| 1. conviction for sexual assault under pocso act discussed. (Para 1 , 2) |
| 2. arguments concerning evidence and credibility of witness testimonies. (Para 3 , 4) |
| 3. evaluation of physical evidence and the legality of conviction. (Para 6 , 7 , 8 , 9 , 10) |
| 4. court's ruling on the insufficiency of evidence. (Para 11) |
| 5. final decision modifying the conviction. (Para 12) |
JUDGMENT
This Criminal Appeal is directed as against the judgment passed in Spl.S.C.No.18 of 2020 dated 06.06.2022 on the file of the learned Sessions Judge, Special POCSO Court, Salem District thereby convicting the appellant for the offence punishable under Section 5(m) r/w 6 of Protection of Children from Sexual Offence Act, 2012 , [for brevity, hereinafter referred to as POCSO Act] and sentenced to undergo rigorous imprisonment for 20 years and to pay a fine of Rs.10,000/-, in default, to undergo simple imprisonment for a period of six months.
2. The case of the prosecution is that the victim is residing four houses next to the house of the appellant. The victim was friend and playmate to one Meena, who is none other than the sister-in-law of the appellant and therefore, the appellant was known to the vict
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