Madras High CourtCRL A/318/2017allowed

Kumaresan, 24 Years, v. The State Represented By

2023-11-07Honourable Mr Justice Sathi Kumar Sukumara Kurup2 pages

Crl.A.No.318 of 2017 Crl.A.No.318 of 2017 SATHI KUMAR SUKUMARA KURUP, J., This Criminal Appeal has been preferred by the Appellant/Accused to set aside the judgment of conviction, sentence of imprisonment, and fine imposed by the learned Sessions Judge, Mahila Court, Perambalur, in Spl.S.C.No.19 of 2016 dated 31.05.2017.

2. The learned Sessions Judge, Mahila Court, Perambalur, had convicted the Accused for the offence under Section 5(l) r/w Section 6 of Protection of Children from Sexual Offences Act, 2012, and sentenced him to undergo rigorous imprisonment for ten years and to pay fine of Rs.5,000/- in default to undergo rigorous imprisonment for three years in Spl.S.C.No.19 of 2016 dated 31.05.2017.

3. Considering the submission made by the learned Counsel for the Appellant, this Court is inclined to acquit the Appellant/Accused in the light of the judgment recorded by the learned Sessions Judge, Mahila Court, Perambalur, in Spl.S.C.No.19 of 2016 dated 31.05.2017. 1/2 https://www.mhc.tn.gov.in/judis

Crl.A.No.318 of 2017 SATHI KUMAR SUKUMARA KURUP, J.,

4. In view of the above, this Criminal Appeal is allowed.

5. The Inspector of Police, All Women Police Station, Perambalur is directed to release the Appellant/Accused forthwith, unless he is required in connection with any other case.

07.11.2023 cda Note : Issue Order Copy on 07.11.2023 COPY TO:

1. The Sessions Judge, Mahila Court, Perambalur.

2. The Inspector of Police, All Women Police Station, Perambalur District.

3. The Public Prosecutor, High Court, Madras.

Crl.A.No.318 of 2017 2/2 https://www.mhc.tn.gov.in/judis