VIJAYAKUAMR Vs. STATE

JUDGEMENT

(1.) Crl.A.No.56 of 2023 has been filed by the accused to set aside the judgment of conviction and sentence made in Special Calender Case No.33 of 2021 on the file of the Sessions Judge, Magalir Needhimandram (FTMC), Udhagamandalam at Nilgiris dtd. 30/11/2022 for the offence under Ss. 363 and 343 of IPC.

(2.) Crl.A.No.368 of 2025 has been filed by the State to set aside the order of acquittal rendered in Special Calender Case No.33 of 2021 dtd. 30/11/2022 by the Sessions Judge Magalilr Needhimandram, (FTMC), Udhagamandalam at Nilgiris.

(3.) The case of the prosecution is that based on the complaint preferred by the father of the victim girl, originally the case in Crime No.419 of 2020 was registered by the respondent police "for girl missing. Subsequently, the victim girl was secured and based on her statement, the respondent police altered the offence into Ss. 363 IPC and 5(l) read with 6 of POCSO ACt, 2012 @ 363 and 343 IPC @ 5(l) read with 6 of PCSO Act, 2012 and after completion of investigation, they laid charge sheet and the same was taken on file in Special Calender Case No.33 of 2021 on the file of the Sessions Judge Magalilr Needhimandram, (FTMC), Udhagamandalam at Nilgiris. The trial Court after completion of trial, though convicted the accused for the IPC offences viz. Ss. 363 and 343 IPC, acquitted the accused from the offence under Sec. 5(l) read with 6 of POCSO Act.