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2014 Supreme(Mad) 835

ARUNA JAGADEESAN
Murugadoss – Appellant
Versus
State by Inspector of Police, All Women Police Station, Tindivanam – Respondent


Advocates appeared:
For the Appellant:V. Bhiman, Advocate.
For the Respondent:VMR. Rajendran, Advocate.

Judgment :

1. This Criminal Appeal is filed against the judgement dated 6.10.2010 made in SC.No.162/2010 by the learned Principal Sessions Judge, Villupuram, thereby convicting and sentencing the Appellant/accused for the offence under Section 376(2)(f) read with 511 of IPC to undergo 10 years Rigorous Imprisonment and to pay a fine of Rs.25,000/-, in default to undergo two years Rigorous Imprisonment.

2. The case of the Prosecution is as follows:-

a. PW.1 the complainant is the mother of PW.5, the victim girl Gayathri, who was studying 5th Standard in the Onkur Village and the father of the victim girl Perumal was doing Mason Work. The Appellant/ accused was living in the house opposite to the house of the victim girl. On 25.8.2009 when PW.1 went out for coolie work, at 1.00 p.m. the victim girl came back to her house from the School for taking lunch and before taking lunch, she went to the Coconut Grove near the house of the accused for toilet purpose. At that time, the Appellant came there and took her forcibly to his house and attempted to rape her and gave Rs.5 to her not to tell the incident to anybody.

b. When PW.1, after finishing the coolie work, came back to her house,























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