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2025 Supreme(Online)(Mad) 59454

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


Advocates:
For the Appellants/Petitioners: Mr.E.Kannadasan
For the Respondents: Mr.S.Raja Kumar, Additional Public Prosecutor

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 IPC , 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 kidnapped the victim from her house on his motor cycle with an intention to marry and have sexual intercourse with her. They went to Bangalore and the appellant tied thali to the victim. They stayed there till 03.05.2020 in a rental house. On their stay, the appellant had committed aggravated penetrative sexual assault on the victim. After knowing the complaint lodged by the defacto com

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