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2006 Supreme(Mad) 1820

K.N.BASHA
Mirthagai Ali – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
Ms. A. Syamala, for Appellant; R. Muniapparaj, Govt. Advocate (Crl. side), for Respondent.

JUDGMENT

The appellant accused has preferred this appeal challenging his conviction and sentence passed by the learned IV Additional Sessions Judge, Chennai, in S. C. No. 341 of 1996 by the judgment dated 19-12-1997 convicting the appellant under Section 376 I. P. C. and sentencing him to undergo two years rigorous imprisonment and to pay a fine of Rs. 5000-, in default, to undergo six months rigorous imprisonment and also convicting the appellant under Section 506 (ii) I. P. C. and sentencing him to undergo one year rigorous imprisonment and to pay a fine of Rs.2,500-, in default, to undergo three months rigorous imprisonment.

2. This is an unfortunate case wherein, the accused is alleged to have committed the offence of sexual assault inside a sacred place viz., Dharga.

3. The accused faced the trial in the following backdrop

(a) P. W. 1 is the prosecutrix in this case. P. W. 2 is the mother of the prosecutrix, P. W. 1. The father of the

(c) Copyright with All India Reporter Pvt. Ltd., Nagpur prosecutrix is running a cycle tube puncture shop and the mother of the prosecutrix, P. W. 2, is running a tiffin stall. The accused is a resident of the same street as that of the prosecutrix,











































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