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2025 Supreme(SC) 939

B. V. NAGARATHNA, SATISH CHANDRA SHARMA
Nagarajan – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates Appeared:
For the Petitioner(s): Mr. M.P.Srivignesh, Adv. Mr. Lakshman Raja. T, Adv. Mr. Sharavena Raghul Asr, Adv. Mr. Mithun Kumaar N, Adv. Mr. Manu Srinath, AOR
For the Respondent(s): Mr. V.Krishnamurthy, Sr. A.A.G. Mr. Sabarish Subramanian, AOR Mr. Vishnu Unnikrishnan, Adv. Ms. Azka Sheikh Kalia, Adv. Ms. Jahnavi Taneja, Adv. Mr. Veshal Tyagi, Adv. Mr. Danish Saifi, Adv.

JUDGMENT :

B.V. NAGARATHNA, J.

1. Leave granted.

2. Being aggrieved by the common impugned order dated 29.11.2021 passed by the High Court of Judicature at Madras Bench at Madurai dismissing the Criminal Appeal preferred by the appellant being Crl. A. (MD) No. 137/2015 and allowing the suo motu revision being Crl. R.C. (MD) No. 248/2015 thereby convicting the appellant under Sections 306 and 448 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) the present Criminal Appeals have been filed by the appellant (accused).

3. Briefly stated, the facts of the case are that the appellant was the neighbour of the deceased Smt. Mariammal. On the night of 11.07.2003, the appellant entered the room of the deceased and while hugging her, attempted to outrage her modesty. Upon hearing the disturbance, the mother-in-law of the deceased intervened and scolded the appellant, who then fled from the premises. The next day i.e., on 12.07.2003, at around 5:00 A.M. the mother-in-law of the deceased found the deceased and her infant daughter missing from the house. Thereafter, she searched for them and enquired about their whereabouts from the deceased’s father. It was later revealed that in t

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