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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUNDER MOHAN, J
Anandan – Appellant
Versus
State Rep By The Inspector of Police All Women Police Station, Polur, Thiruvannamalai District. – Respondent
| Table of Content |
|---|
| 1. conviction under pocso for rape of minors. (Para 1 , 2 , 3) |
| 2. evaluation of evidence regarding victim's consent and age. (Para 4 , 6 , 7 , 8) |
| 3. sufficiency of evidence in establishing charges. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. conclusion regarding the presumption of innocence for the accused. (Para 15 , 16 , 17 , 18) |
| 5. court reverses conviction, acquits appellant. (Para 19) |
Judgment
This Criminal Appeal has been filed by Accused No.1, challenging the judgment dated 10.04.2023 in Spl.SC.No.27 of 2019 on the file of the learned Sessions Judge, Special Court (POCSO Cases), Tiruvannamalai, by which he was convicted for the offence under Sections 376 of the IPC and Section 4 of the POCSO Act , 2012 and sentenced to undergo 10 years rigorous imprisonment and to pay a fine of Rs.5,000/- in default to undergo one year simple imprisonment.
2.(i) The case of the prosecution is that the appellant and the victim, who was a child at the time of the occurrence, belonged to the same village; that the appellant had lured the victim girl on the promise of marriage and had sexual intercourse with the victim girl 1 ½ months prior to 11.05.2013 and made her pregnant besides warnin
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