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Madras High CourtCRL OP/9738/2024dismissed

Rajkumar v. The State Rep.By

2024-04-29Honourable Mr Justice C.V. Karthikeyan3 pages

C.V.KARTHIKEYAN, J.

The petitioner, who was arrested and remanded to judicial custody on 18.08.2023, registered for the offences under Sections 6 of POSCO Act, 2012 and Section 9 of Prohibition of Child Marriage Act and Section 323 of I.P.C in Crime No.86 of 2023 on the file of the respondent Police, seeks bail.

2.The learned Public Prosecutor, Union Territory of Puducherry, for the respondent, stated that the petitioner had committed penetrative sexual assault on the victim girl who is aged about 17 years. He further stated that the petitioner has committed sexual assault on the victim girl many times, due to which she has become pregnant. He also stated that the petitioner is a history sheeter and there are previous cases pending against him.

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3.The learned Public Prosecutor also pointed out that three witnesses have been examined and also stated about the nature of evidence tendered by them. He stated that the prosecution will be examining at the most about eight or 10 witnesses. 4.In view of that particular submission and looking into the facts of the case, a direction is given to the Special Court for Exclusive Trial of POCSO cases, Karaikal, to endeavour to dispose of Spl.S.C.No.11 of 2023 on or before 30.06.2024. But however, the same could be done only if the counsel for the accused co-operate and crossexamine the witness immediately when chief examination is done. If no co-operation is extended, then that time limit cannot be kept and will not be insisted to be kept up by this Court.

5.Observing as above, this Criminal Original Petition stands dismissed.

29.04.2024 smv Copy to:

The Special Judge for Exclusive Trial of POCSO cases, Karaikal. 2/3

C.V.KARTHIKEYAN , J.

smv 29.04.2024 3/3