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2010 Supreme(Mad) 1583

S.NAGAMUTHU
State by The Inspector of Police, Salem – Appellant
Versus
Elangovan – Respondent


Advocates Appeared:
For the Appellants: R2, N.R. Elango, APP.
For the Petitioners:Shanmugasundaram, SC for P. Vajravelu, Advocate, R1, S. Ashok Kumar, SC for R. Ashokan, Advocate.

Judgment :

State is the appellant in Crl.A.No.301 of 2004 and the respondent is the accused. This appeal has been filed challenging the acquittal of the respondent/accused in S.C.No.376 of 1999 on the file of the learned Assistant Sessions Judge, Salem by judgment dated 08.12.2000. The defacto complainant in the said case has come up with Crl.R.C.No.414 of 2001 challenging the said acquittal of the accused.

2. The case of the prosecution in brief is as follows:

i) P.W.1 is a resident of Salem. During the year 1997, she was residing at her own house at Azhapuram Kattur in Salem. She had two daughters by name Preethi (the deceased) and Madumitha (P.W.14). The deceased was then aged hardly 16 years and she was studying +2 course in a local school. P.W.14 was doing 10th standard in a different school. P.W.1 was working as a Junior Engineer in Salem Municipal Corporation. The accused is a registered contractor in the said Municipality and in that manner, he came to be introduced to P.W.1. The accused helped P.W.1 in so many ways. Thus, as days passed, he became very close to her. Slowly the accused started visiting P.W.1 at her house. P.W.11 is the father of P.W.1. He along with his oth



























































































































































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