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2015 Supreme(Mad) 3470

S.VIMALA
Tharman – Appellant
Versus
State by Inspector of Police – Respondent


Advocates:
Advocate Appeared:
For the Appellant : T. Sekar
For the Respondents:P. Kandasamy, Govt. Advocate

JUDGMENT :

S. Vimala, J.

1. The accused in S.C. No. 89 of 2004 on the file of the Additional Sessions (Fast Track Court No. 2), Pattukkottai, Thanjavur District, is the appellant herein.

1.2. By judgment dated 03.02.2005, the accused was convicted under Sections 341, 376and 506(ii) of IPC and sentenced to: (a) undergo imprisonment for one month in respect of the offence under Section 341 IPC; (b) undergo rigorous imprisonment for 7 years in respect of the offence under Section 376 IPC and (c) undergo rigorous imprisonment for 1 year in respect of the offence under Section 506(ii) IPC.

1.3. Challenging the conviction and sentence imposed on him, this appeal has been filed.

2. Brief facts:

"The occurrence is stated to have taken place during the month of May 2001. The victim girl (name changed) went out of the house to answer the call of nature. At that time, accused followed her and he took her to a nearby coconut thope and committed forcible sexual intercourse with her. She did not immediately informed this incident to the family members. The explanation is that, fearing threat to her life, as the accused threatened to do away with her life if the incident is disclosed to anybody else, s















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