IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
Joshua – Appellant
Versus
State Rep by The Inspector of Police, W7-AWPS- Anna Nagar, Chennai – Respondent
| Table of Content |
|---|
| 1. framing of charges under pocso act (Para 1 , 2) |
| 2. arguments regarding age and consent (Para 4) |
| 3. court's findings on validity of charges (Para 5) |
O R D E R
This Criminal Revision Case has been filed challenging the framing of charges against the petitioner for the offence punishable under Section 5(c) r/w 6 of the POCSO Act, 2012 .
2. The case of the prosecution is that the petitioner, aged about 54 years and employed as a Conductor in Metropolitan Transport Corporation, Chennai, allegedly committed penetrative sexual assault on the victim, who was aged about 17 years, at the time of occurrence. Hence, the charge. 3. The learned counsel appearing for the petitioner submitted that at the time of alleged occurrence, the victim girl is aged about 18 years. That apart, the physical relationship between the petitioner and the victim was consensual and the victim had also filed an affidavit expressing her intention not to proceed further with the case against the petitioner. He also relied upon the Adhaar Card of the victim girl, which indicates her date of birth as 12.08.2006. Even according to the victim, they had physical relationship. On the date occurrence, the victi
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