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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MRS. N.MALA, J
Murugan – Appellant
Versus
State through The Inspector of Police, All Women Police Station, Dindigul, Dindigul District – Respondent
| Table of Content |
|---|
| 1. factual background of the case including events surrounding the crime. (Para 2 , 10 , 11) |
| 2. arguments regarding false implication and lack of independent witnesses. (Para 6 , 7 , 14 , 15) |
| 3. court's observations on the victim's reliability and treatment of her testimony. (Para 8 , 19 , 22 , 23) |
| 4. established ratio regarding sole testimony of the victim. (Para 20 , 21 , 24) |
JUDGMENT
(1)The above Criminal Appeal is preferred by the appellant / accused against the judgment of conviction and sentence dated 05.05.2021, made in Spl.SC.No.49 of 2018, by the learned Sessions Judge, Fast Track Mahila Court, Dindigul, convicting and sentencing the appellant/accused for the offences under Section 5 (l)(m) r/w 6 of POCSO Act and under Section 5 06(i) of IPC .
(2)The factual scenario as unfolded during the course of trial is as follows:-
(a)The case of the prosecution, in brief was that, the victim girl was aged 12 years at the time of occurrence. She was studying VIII Standard at Government Girls Higher Secondary School, Dindigul and was residing along with her parents in Dindigul. The accused was temporarily working in the Railways as a gate man in a level crossing. The accu
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