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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. Arul Murugan, J
Sundaram – Appellant
Versus
State by the Inspector of Police, Mathur Police Station, Krishnagiri District – Respondent
| Table of Content |
|---|
| 1. criminal appeal against previous conviction. (Para 1 , 8) |
| 2. details on victim and allegations against accused. (Para 3 , 4 , 5 , 10 , 16) |
| 3. defense arguments disputing prosecution evidence. (Para 9 , 11 , 12 , 14) |
| 4. prosecution's failure to prove victim's age. (Para 13 , 22) |
| 5. issues with reliability of testimony against accused. (Para 30 , 31 , 32) |
| 6. appeal allowed; original conviction set aside. (Para 33 , 34 , 35) |
J U D G M E N T
This Criminal Appeal is preferred by the appellant/sole accused challenging the judgment dated 17.11.2021 in Spl.S.C.No.35 of 2020 on the file of the learned Sessions Judge, Fast Track Mahila Court, Krishnagiri, Krishnagiri District.
2. The appellant/accused was convicted by the trial court and sentenced as detailed below:-
3. According to the prosecution, PW1 is having one minor daughter [PW2, aged 16 years] and 2 sons and they are residing in Dharumanthoppu Village, Burgur Taluk, Krishnagiri District. PW2 was born on 26.12.2003 and she had studied till 9th standard at Government High School, M.Nadupatti and thereafter discontinued her studies due to health condition. Since PW2 had some mental issues, she had undergone treatment from Nim
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