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2017 Supreme(Mad) 3523

P.VELMURUGAN
Nagaraj – Appellant
Versus
State Rep. by Inspector of Police – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Philip Ravindran Jesudoss, Advocate
For the Respondent: P. Govindarajan, Additional Public Prosecutor

JUDGMENT :

1. This Criminal Appeal is directed against the Judgment, dated 26.03.2012 made in S.C.No.103 of 2009, passed by the learned Sessions Judge, Mahalir Needhimandram, Coimbatore, convicting and sentencing the appellant for the offence under Section 376 of IPC.

2. The case of the prosecution in nutshell are as follows :-

The Victim-Kannagi, aged about 17 years and a native of Sivagangai District was staying at NSA Thari Godown at Mangalam Road, Charayakaran Thottam at Palladam, for the past 4 years prior to the occurrence. She was working at the said Thari godown with few other girls. Accused Nagaraj is a native of Muthur Nagar, Therkupalayam, which is situated near the above said godown. On 23.03.2008 at about 8.p.m., in the above said that godown, the accused in a drunken state, utilizing the loneliness of victim, dragged her from godown to a nearby bush, and on her resistance, pushed her down and stamped on her neck, causing abrasions on her forehead, face and on her right hip, made her panick stricken, and committed sexual assault by biting her lips and committed sexual intercourse without her consent and against her will and thereby the accused said to have committed the o

























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