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2017 Supreme(Mad) 3204

P.N.PRAKASH
Manikandan – Appellant
Versus
State represented by the Inspector of Police, Erode – Respondent


Advocates Appeared:
For the Appellant :Philip Ravindran Jesudass, Advocate.
For the Respondent:K. Madhan, Government Advocate (Crl. Side).

JUDGMENT :

1. This Criminal Appeal has been preferred seeking to set aside the judgment of conviction dated 31.07.2014 made in S.C. No.103 of 2011 on the file of the Mahila Sessions (Fast Track Court), Erode.

2. The schema of the prosecution case is as under:

2.1 On 06.02.2010, around 10 p.m., when Lakshmi (P.W.1), a housewife, went to the backyard of her house to discard the plantain leaves used for partaking food, the accused pulled her gold chain from behind and she resisted it. At that time, the accused brandished a knife and threatened her due to which, she let go off the chain, but, started shouting Thief, thief. The accused took her chain and sped away. On hearing her call for help, her husband and sons came there, by which time, the accused had scaled the wall and run away.

2.2 On the complaint (Ex.P.1) lodged by Lakshmi (P.W.1), Ganesan (P.W.8), Inspector of Police, registered a case in Cr. No.68 of 2010 on 07.02.2010 at 00.15 hours and prepared the FIR (Ex.P.7) under Section 392 IPC against unknown accused.

2.3 In the complaint, Lakshmi (P.W.1), has stated the age of the accused to be between 30 and 40 and that he was wearing half trousers and that she could recognise him, if









































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