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2016 Supreme(Mad) 92

A.SELVAM
Karuppaiah – Appellant
Versus
State, represented by The Inspector of Police – Respondent


Advocates:
Advocate Appeared:
For appellant: Mr.Ganesh Rajan
For Respondent: Mr.P.Govindarajan, Additional Public Prosecutor.

JUDGMENT :

The convictions and sentences, dated 26.11.2014, passed in Sessions Case No.4 of 2014, by the Mahalir Needhimandram, Chennai, are being challenged in the present criminal appeal.

2. The case of the prosecution is that the victim girl by name, Kokila, is a daughter of the defacto complainant, viz., Natarajan. The victim is a slight mentally retarded person. The defacto complainant, at the time of occurrence, has lived in a hut in Guindy along with his family members. On 20.05.2013, at about 4.00 p.m., the accused has entered into the hut of the defacto complainant and gagged the mouth of the victim by using his one hand and placed his other hand on the chest of the victim. After occurrence, the defacto complainant has given a complaint and the same has been registered in Crime No.606 of 2013.

3. On receipt of the complaint, the investigating officer, viz., P.W.9, has taken up investigation, examined connected witnesses and after completing investigation, laid a final report on the file of the IX Metropolitan Magistrate, Saidapet, Chennai and the same has been taken on file in P.R.C.No.118 of 2013.

4. The IX Metropolitan Magistrate, Saidapet, Chennai, after considering the fac














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