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Madras High CourtCRL MP/9078/2022dismissed

A.Marimuthu v. The State Rep By, Ariyalur

2022-09-26Honourable Mr Justice P. Velmurugan1 pages

Crl.R.C.No.1236 of 2022 Crl.M.P.No.9078 of 2022 in Crl.A.No.689 of 2022 P.VELMURUGAN, J.

Offence against the accused is under the Pocso Act. The learned counsel appearing for the petitioner would submit that all the witnesses turned hostile.

2.Hostile of any of the witnesses may not be a sole ground to disallow the case of prosecution, especially in the Pocso Act, and there are statutory presumptions available, not like IPC offence.

3.Therefore, this Court is inclined to take up the main Appeal itself after receiving the records and hence, this Court is not inclined to suspend the sentence, since the offence against the accused is under the POCSO Act and accordingly, this Criminal Miscellaneous Petititon is dismissed.

26.09.2022 pbn (1/2) https://www.mhc.tn.gov.in/judis