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2025 Supreme(Online)(Mad) 65367

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.Sathish Kumar, M.Jothiraman, JJ
Deva @ Devaraj – Appellant
Versus
The State Rep. by The Inspector of Police, All Women Police Station, Salem Town, Salem District. – Respondent


Advocates:
For the Appellants/Petitioners: Mr.S.Shanmugha Velayutham, Mr.B.Vasudevan
For the Respondents: Mr.A.Damodaran, Mr.M.Karthikeyan

JUDGMENT

(By N.Sathish Kumar, J.)

This appeal arises against the judgment of learned Principal Special Judge for POCSO Act Cases, Salem, passed in Old No.Spl.S.C.No.60 of 2017 in New Spl.S.C.No.58 of 2019 dated 30.11.2021.

2.Brief Facts of the Prosecution case are as follows:

2.1. P.W.2 is the victim girl aged about 9 years at the time of occurrence, who is the daughter of P.W.1. The mother (P.W.1) of the victim girl is a divorced woman and had been residing with her 2nd husband P.W.3 (Shankar). The accused is P.W.1's paternal uncle son. On 28.08.2017, the mother of P.W.1 informed over phone that the accused took away P.W.2 and the same has been seen by P.W.5 (Manikandan). Thereafter, villagers and others caught hold of the accused and Police came to the spot. P.W.1 was informed that the accused had committed oral sex with P.W.2. P.W.2 in her statement deposed that the accused, under the pretext of buying sweets, took her in his motor cycle to the place of occurrence and removed his underwear and inserted his penis in her mouth and on seeing P.W.5, the accused ran away and thereafter, the complaint (Ex.P1) was given. P.W.4 is the grand mother of the victim girl, who had heard about t

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