SAMINATHAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) This Appeal arises out of the judgment passed by the learned District Mazhalir Session Judge, Cuddalore in Special S.C.No.13 of 2015, dtd. 31/8/2015.

(2.) The appellant, who is the accused in Spl.S.C.No.13 of 2015, aggrieved by the judgment of the learned District Mazhalir Session Judge, Cuddalore, dtd. 31/8/2015, in and by which, the appellant was convicted under Sec. 6 r/w 5(m) of POCSO Act and was sentenced to undergo rigorous imprisonment for a period of ten years and pay a fine of Rs.500.00 and in default of payment of fine to undergo rigorous imprisonment for a further period of six months and under Sec. 323 IPC and to undergo rigorous imprisonment for a period of six months.

(3.) When the matter came up for hearing, the learned Counsel appearing on behalf of the appellant would submit that the appellant is in prison and as so far, undergone the sentence of imprisonment for a period more than seven year. In that view of the matter, the learned Counsel restricted his arguments on the question of the appropriate provision under which the appellant is convicted and on the sentence alone.