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2017 Supreme(Mad) 3839

S.NAGAMUTHU, N.AUTHINATHAN
M. Kannan – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appellants : Mr. E.C. Ramesh and Mr. A. Raghunathan.
For the Respondent: Mr. P. Govindarajan.

JUDGMENT :

S. Nagamuthu, J.

1. Every person has a right to a fair trial by a competent Court is the spirit of the right to life and personal liberty guaranteed under Article 21 of the Constitution of India "Denial of fair trial is as much injustice to the accused as it is to the to the victim and the society." The Hon'ble Supreme Court in Zahira Habibullah Sheikh and Another vs. State of Gujarat and Others, 2006 (3) SCC 374 has explained the concept of fair trail and said that it is central to the administration of justice and the cardinal principal of protection of human rights. In the instant case, the principal ground raised by the appellant is that there was denial of fair trail to him before the trial Court. Let us go into the circumstances under which such a plea is raised by the accused/appellant.

2. The appellant, hardly aged 23 years of age, is alleged to have kidnapped a young girl aged 16 years on 04.03.2015, had repeated sexual intercourse with her till 06.03.2015, which resulted in her pregnancy and at last administered drugs to the victim and caused miscarriage of the foetus on 03.07.2015. On these allegations, the respondent prosecuted him for offences under Section 366
















































































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