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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. Ilanthiraiyan, J
Thavamani – Appellant
Versus
The State rep. by The Inspector of Police, Eriyur Police Station, Dharmapuri District (crime No.44 of 2020) – Respondent
| Table of Content |
|---|
| 1. overview of charges and legal context. (Para 1 , 2) |
| 2. trial court's conviction details and penalties. (Para 3) |
| 3. arguments regarding victim's age and elopement. (Para 4 , 5) |
| 4. court's assessment of victim's elopement and age credibility. (Para 6 , 7 , 8 , 9 , 10) |
| 5. burden of proof in criminal cases. (Para 11 , 12) |
| 6. acquittal and conclusion of the appeal. (Para 13 , 14) |
JUDGMENT
This criminal appeal has been preferred against the judgment passed in Spl.S.C.No.26 of 2021 on the file of the learned Fast Track Magalir Neethimandram, Dharmapuri, Dharmapuri District dated 22.01.2025, thereby convicting the appellant for the offence punishable under Sections 363 & 366 of , Section 9 of Prohibition of Child Marriage Act and Section 5(l) r/w 6(1) of POCSO Act .
2. The case of the prosecution is that the minor victim girl fell in love with the appellant 1 ½ years before the date of the occurrence. After knowing the love affair between the appellant and the victim, the defacto complainant advised the victim not to talk with the appellant. However, the appellant enticed the victim under the pretext of loving her and marrying her. On 21.03.2020 at about 5 p.m., the appellant k
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