IN THE HIGH COURT OF JUDICATURE AT MADRAS
Rajesh Kumar, J
E.Sathiyaraj – Appellant
Versus
Inspector of Police – Respondent
| Table of Content |
|---|
| 1. offence under pocso and ipc (Para 1 , 2) |
| 2. tribal custom and victim consent (Para 3 , 4) |
| 3. subsequent events and family life (Para 5 , 6) |
| 4. case quashed and petitioner discharged (Para 7) |
For Petitioner : Mr.E.Sathiyaraj For R1 : Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor ORDER The petitioner/accused in Spl.S.C.No.117 of 2022 facing trial for the offence under Sections 5(j)(ii), 5(l) and 6(1) of Protection of Child from Sexual Offences Act (POCSO Act) and Sections 376(2)(n) and 376(3) of IPC filed this quash application.
2.The case of the prosecution is that the Child Welfare Officer, Tiruvannamalai lodged a complaint stating that the victim in this case is a minor tribal girl belonged to Jamunamarathur. 1½ years prior to the complaint, the victim and the petitioner who also belong to tribal community, both were in love relationship. Taking advantage of the minor girl, the petitioner promised that he would marry her and committed penetrative sexual assault on the victim on several occasions and the victim became pregnant. For medical treatment, the victim went to the Primary Health Centre, Jamunamarathur where she was found pregnant. On enquiry, th
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