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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, P.DHANABAL, JJ
Mariyaselvam – Appellant
Versus
The Inspector of Police, All Women Police Station, Devakottai, Sivagangai District. – Respondent
| Table of Content |
|---|
| 1. conviction under pocso act for sexual assault. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. significant evidence evaluation from child witness. (Para 8 , 11 , 13 , 14 , 15 , 16) |
| 3. court's reasoning for modifying the conviction. (Para 10 , 12 , 18 , 19) |
| 4. final judgment reflecting sentence modification. (Para 20) |
| 5. result of the appeal decision. (Para 21) |
(Judgment of the Court was delivered by N.ANAND VENKATESH, J)
The present criminal appeal has been filed against the judgment of the Sessions Judge, Fast Track Mahila Court, Sivagangai in Special S.C.No.12 of 2015, dated 04.12.2019, convicting the appellant for offence under Section 6 read with 5(k) and 5(m) of “the Protection of Children from Sexual Offences Act, 2012, (for brevity hereinafter referred to as “the POCSO Act”) and sentenced to undergo life imprisonment and to pay fine of Rs.10,000/-, in default to undergo one year rigorous imprisonment. The sentences were directed to run concurrently.
2. The case of the prosecution is that the victim girl was aged about 10 years and she was a mentally challenged person. The accused person was living near the house of PW4. PW4 is the grandfather of the victim girl. It is alleged th
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