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2015 Supreme(Mad) 2545

S.NAGAMUTHU
Pandi – Appellant
Versus
State of Tamil Nadu, rep. by the Inspector of Police – Respondent


Advocates:
Advocate Appeared:
For appellant : Mr. Lingarasu, Legal Aid Counsel
For Respondent: Mr. C. Mayilvahana Rajendran, Additional Public Prosecutor

JUDGMENT :

The appellant is the sole accused in S.C.No.158 of 2010 on the file of the Sessions cum Mahila Court, Madurai. He stood charged for the offence under Sections 450 and 376(1) IPC. The trial Court, by judgment dated 07.06.2012, convicted him under both the charges and sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs.500/-, in default to undergo simple imprisonment for three months for the offence under Section 450 IPC and to undergo rigorous imprisonment for seven years and to pay a fine of Rs.1,000/-, in default to undergo simple imprisonment for six months for the offence under Section 376(1) IPC. Challenging the same, the appellant is before this Court with this appeal.

2. The case of the prosecution is as follows;

(a) PW1 is the sister of the victim in this case. The victim is a mentally retarded girl aged about 21 years. On 01.06.2009, the victim girl was at her house in Keeraithurai Village, Madurai. The accused in this case was residing in the first floor of the house, wherein the victim girl and her family members were residing in a different portion of the first floor. One Mrs.Subbulakshmi was residing in the ground floor. On 01.


















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