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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. Arul Murugan, J
Sathish Kumar S/o.Subramaniyan – Appellant
Versus
The Inspector of Police, All Women Police Station, Cuddalore – Respondent
| Table of Content |
|---|
| 1. initial allegations of coercive relationship. (Para 1 , 3 , 4 , 6) |
| 2. arguments regarding charge alterations in trials. (Para 5 , 10 , 11) |
| 3. court's discussion on relationship nature and consent. (Para 14 , 15 , 19 , 20) |
| 4. statutory context and overriding principles on consent. (Para 22 , 30) |
JUDGMENT
This Criminal Appeal has been preferred against the judgment dated 30.09.2021 in Spl.S.C.No.93 of 2019 on the file of the learned Sessions Judge, Special Court (POCSO Cases), Cuddalore.
2. The appellant was convicted by the trial court and sentenced as detailed below:-
| Accused | Section of law | Sentence |
| A-1 | 5(l) r/w Section 6 of POCSO Act | Rigorous imprisonment for 10 years and to pay a fine of Rs.2,000/-, in default to undergo simple imprisonment for 3 months |
3. According to the prosecution, the victim/PW1's mother died at early age and as such, she was living with her maternal grandparents. The first accused had contacted the victim over phone and informed her that he was cheated and failed in love. He started to call her repeatedly for solace and later informed PW1 that he was in love with her. Since the first accused threatened that he would commit suicide, PW1 also fall in lo
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