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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, R.POORNIMA, JJ
Devakumar – Appellant
Versus
State represented by The Inspector of Police, All Women Police Station, Alangulam, Tirunelveli District – Respondent
| Table of Content |
|---|
| 1. details of the case and initial conviction. (Para 1 , 2 , 3 , 4) |
| 2. discussion on marriage and its implications for prosecution. (Para 5 , 6 , 7 , 8) |
| 3. court's decision to acquit based on justice considerations. (Para 9 , 10) |
JUDGMENT
(Judgment of the Court was delivered by G.K.ILANTHIRAIYAN, J.)
This appeal arises out of the Judgment passed in Spl.S.C.No.70 of 2019, dated 29.11.2022, on the file of the Sessions Court (Special Court for POCSO Act Cases), Tirunelveli, thereby convicting the appellant for the offences punishable under Section
341 of IPC and Section 6 of POCSO Act, 2012.
2. The case of the prosecution is that the accused, being a relative of the victim girl, used to visit her house frequently and speak with her. On 16.02.2027, at about 08.00 p.m., when P.W.2 and P.W.3 were not at home, he wrongfully restrained the victim girl from going out and kept her in the bedroom and raped her. Two days later, at 8:00 p.m., and then once a week in March 2017, on Thursdays at 8:00 p.m., he took advantage of the victim girl's being alone at home and raped her several times. On the complaint lodged by the victim girl, the respondent registered an F.I.R in Crime No.24
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