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2026 Supreme(Online)(Mad) 21465

IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUNDER MOHAN, J
Hussain Mohammed Yunus – Appellant
Versus
The Union Territory of Puducherry Rep.By The Station House Officer, Muthialpet Police Station, Puducherry – Respondent


Advocates:
For the Appellants/Petitioners: M/s.V.S. Senthilkumar
For the Respondents: Mr.M.V.Ramachandra Murthy Public Prosecutor (pondicherry)

Table of Content
1. allegations of kidnapping and sexual assault. (Para 2)
2. arguments on the validity of prosecution evidence. (Para 3 , 4)
3. court's analysis of evidence and credibility of victim. (Para 6 , 7 , 8 , 9 , 10 , 11)
4. final judgment and sentencing outcomes. (Para 13)

ORDER

The appeal challenges the Judgment of conviction and sentence imposed on the appellant vide Judgment dated 06.08.2020 passed in Special S.C.No.37 of 2019 on the file of the learned Special Judge, Puducherry, for the offences punishable under Sections 367 , 377, 323 and 506(ii) of the Indian Penal Code (hereinafter referred to as“the IPC) and Section 6 of the Protection of Children from Sexual Offences Act , 2012 (hereinafter referred to as“the POCSO Act”). The appellant/sole accused was convicted for the aforesaid offences and sentenced as follows:

2. (a) The case of the prosecution is that the appellant/sole accused and the victim boy belong to the same village; that on 08.04.2019, between 08.00 p.m. and 09.00 p.m., the appellant allegedly kidnapped the minor boy aged about 8 years from the lawful guardianship of his parents on his motorcycle; that he took the child to a coconut grove in Auroville

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