NEHRU Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed to set aside the conviction passed by the learned Sessions Judge Fast Track Mahila Court, Ariyalur in Special S.C.No.38 of 2018 dtd. 29/1/2021.

(2.) The respondent police initially registered the case in Crime No.414 of 2018 under Sec. "Girl Missing" and after enquiry the case was altered into Ss. 363, 366(A) IPC, 5(l) read with 6 of POCSO Act and the appellant was implicated as an accused. After completing the investigation, the respondent police laid charge sheet for the offences punishable under Sec. 366 IPC and Sec. 6 of POCSO Act before the Fast Track Mahila Court, Ariyalur, since the offences were against a woman particularly against a child under the definition of Sec. 2(1)(d) of POCSO Act. The learned Magistrate after completing the formalities taken up the case in Spl.S.C.No.38 of 2018 and subsequently, framed charges against the appellant for the offences punishable under Ss. 366 IPC, Sec. 6 of POCSO Act and Sec. 376(2)(n) of IPC.

(3.) After framing charges, in order to prove the case of the prosecution during trial, on the side of the prosecution as many as 14 witnesses were examined as P.W.1 to P.W.14 and 12 documents were marked as Ex.P.1 to P.12 and no material objects were exhibited.