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2024 Supreme(SC) 283

B. R. GAVAI, SANDEEP MEHTA
Thirumoorthy – Appellant
Versus
State Represented by the Inspector of Police – Respondent


Advocates appeared:
For the Petitioner(s): Ms. S. Janani, AOR Ms. Sharika Rai, Adv.
For the Respondent(s): Dr. Joseph Aristotle S., AOR Ms. Bhanu Kapoor, Adv. Mr. Ashutosh Singh Rana, Adv.

JUDGMENT :

Mehta, J.

1. Leave granted.

2. This appeal takes exception to the judgment dated 15th April, 2021, passed by the learned Single Judge of the High Court of Judicature at Madras dismissing the criminal appeal filed by the appellant herein under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter being referred to as ‘CrPC’) and affirming the conviction of the appellant and sentences awarded to him vide judgment and order dated 18th February, 2019, passed by the Court of Sessions Judge, Mahila Court, Salem (hereinafter being referred to as the ‘trial Court’) in Special Sessions Case No. 79 of 2016. By the said judgment and order, learned trial Court convicted and sentenced the appellant as below: -

Provision under which convicted

Sentence

Section 363 IPC

Sentenced to undergo 07 years rigorous imprisonment.

Section 342 IPC

Sentenced to undergo 01 years rigorous imprisonment.

Section 6 POCSO Act

Sentenced to undergo 10 years rigorous imprisonment.

Section 302 IPC

Sentenced to undergo 10 years rigorous imprisonment.

Section 201 read with 302 IPC

Sentenced to undergo 07 years rigorous imprisonment.

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