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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
Madhankumar – Appellant
Versus
The State Rep. by The Inspector of Police, Race Course Police Station, Coimbatore City, Coimbatore – Respondent
| Table of Content |
|---|
| 1. conviction under pocso act based on minor's age. (Para 1 , 2 , 3) |
| 2. arguments regarding victim's age and consent. (Para 4 , 5) |
| 3. court's analysis on victim's consent and age determination. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. conviction set aside due to lack of evidence. (Para 17) |
JUDGMENT
This criminal appeal is preferred against the order dated 23.01.2023 passed in Spl.CC.No.102 of 2020 by the learned Principal Special Court for Exclusive Trial of Cases under POCSO Act , Coimbatore, thereby the appellant was convicted for the offence punishable under Section 363 of IPC and Section 5(1), 6 of .
A) CASE OF THE PROSECUTION:
2. The case of the prosecution is that a minor victim girl in this case, who was aged about 17 years 9 months and 12 days, was alone in her home on 19.08.2020. She called her boyfriend to her house. The accused came to her house and both had physical relationship since the parents of the victim girl had gone to Palani. Thereafter, when the parents of the victim arranged marriage of her with her maternal uncle, she eloped with the accused and stayed in his grandparents' house. During their stay there, they again had physical re
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