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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUNDER MOHAN, J
Agilan S/O. Nagadass – Appellant
Versus
The Inspector Of Police All Women Police Station, Kanchipuram – Respondent
| Table of Content |
|---|
| 1. overview of the appeal and conviction details. (Para 1 , 2) |
| 2. arguments surrounding victim's age and merits of the case. (Para 5 , 6) |
| 3. analysis of victim's testimony and credibility. (Para 9 , 10 , 12) |
| 4. court's determination on the prosecution's failure to prove. (Para 15) |
| 5. final ruling on acquittal based on established facts. (Para 16) |
JUDGMENT
This Criminal Appeal has been filed to set aside the judgment passed in New S.C.No.50 of 2019 and Old S.C.No.4 of 2018 on the file of the Special Sessions Court, POCSO Court, Chengalpattu, Kancheepuram District, by which the petitioner was convicted and sentenced for the offences as follows:
Under Section Sentence
366 IPC 7 years R.I and fine of Rs.5,000/-, I/d.
6 months S.I
417 IPC 1 year S.I
6 r/w 5(j)(ii) of POCSO Act 10 years R.I and fine of Rs.10,000/-, I/d. 1 year R.I
2. It is the case of the prosecution that the appellant and the victim girl, who was aged about 16 years according to the prosecution were in a love affair; that on 09.03.2016, the appellant lured the victim girl, and on the promise of marriage, took her to a remote place and committed penetrative sexual assault on her, and thus committed the aforesai
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