IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUNDER MOHAN, J
Vinothkumar @ Vinoth S/o. Segar – Appellant
Versus
State Rep By Inspector Of Police, Villianur Police Station – Respondent
| Table of Content |
|---|
| 1. foundation of the criminal case against the appellant. (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding the victim's consent and prosecution's evidence. (Para 5 , 6 , 7) |
| 3. examination of evidence and issues of consent and victim's age. (Para 8 , 9 , 10 , 11 , 12) |
| 4. legal rationale for the acquittal based on established doubts. (Para 14) |
JUDGMENT
The Criminal Appeal challenges the judgement dated 27.06.2022 passed in Spl.S.C.No.62 of 2019 by the learned Special Judge for Exclusive Trial of Cases under POCSO Act, Puducherry, convicting and sentencing the appellant/accused as follows:
Sl. No.
Offence under Sections
Sentence imposed
1.
366 IPC
To undergo 7 years R.I, with a fine of Rs.1,000/- (id) to undergo 3 months S.I.
2.
4 of POCSO Act, 2012
To undergo 10 years R.I, with a fine of Rs.5,000/- (id) to undergo 3 months S.I.
The sentences were ordered to run concurrently.
2. The case of the prosecution is that the appellant and the victim were known to each other; that the appellant was aged 20 years at the time of occurrence and the victim was aged 14 years; that on 08.08.2017 at about 23.30 hours, the appellant kidnapped the victim girl from the lawful guard
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