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2015 Supreme(Mad) 3509

S.NAGAMUTHU
Kathiresan – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M. Ajmalkhan, A. Velan
For the Respondent: C. Mayilvahana Rajendran

JUDGMENT :

S. Nagamuthu, J.

1. This is a case of child rape. The appellant/accused is the sole accused in S.C. No. 85 of 2006 on the file of the learned Sessions Judge, Magalir Neethimandram, Tirunelveli. The trial court framed two charges against the accused. He stood charged for offences under Sections 366 and 376(1) of IPC. By judgment dated 26.02.2007, the learned Sessions Judge, convicted the appellant/accused under Sections 366 and 376(1) of IPC and sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1000/- in default to undergo rigorous imprisonment for three months for offence under Section 366 of IPC and to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1000/- in default to undergo rigorous imprisonment for three months for offence under Section 376(1) of IPC. Challenging the said conviction and sentence, the accused is now before this court with this criminal appeal.

2. The case of the prosecution in brief is as follows:- The victim of the alleged rape in this case is one 'X' [The name of the victim is consciously avoided]. At the time of occurrence, X was studying VI standard in a local school. Thus, she was hardly

















































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