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2005 Supreme(Mad) 1812

A.P.SHAH, FAKKIR MOHAMED IBRAHIM KALIFULLA
C. Thekkamalai – Appellant
Versus
State of Tamil Nadu, Rep. by the Secretary to Government, Home Department, Fort St. George & Others – Respondent


Advocates Appeared: For the Appellant:P. Rathinam, Advocate. For the Respondents: V. Raghupathi, Government Pleader.

Judgment :-

The Honourable Chief Justice:

The appellant, Thekkamalai, who is a cobbler, and his wife Lakshmi, an agricultural worker, are the residents of Gandhi Nagar in Vaiyampatty in Manapparai Taluk in Trichy District and they belong to Scheduled Caste. In July, 1989, Thekkamalai was taken to the police station for an enquiry in connection with some missing amount from an accident place. His wife Lakshmi was also brought to the police station to see her husband in the lock-up. It is alleged that in the police station she was threatened by the police personnel to reveal the theft of money and she pleaded innocence. It is further alleged that she was taken to a certain place by the Sub Inspector of Police, who, after removing her gold and brass ornaments, forcibly raped her. As the matter was taken up to the Deputy Superintendent of Police, Manapparai, an F.I.R. came to be registered in Cr.No.153 of 1989 for the offence under Secs.376 and 379 of I.P.C. and a criminal case in S.C. No.90 of 1992 against the said Sub Inspector of Police before the I Assistant Sessions Court, Trichy.

2. Invoking Art.226 of the Constitution, a writ petition was filed on behalf of Thekkamalai and his wif













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