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2021 Supreme(Mad) 1005

P.VELMURUGAN
Madhaiyan – Appellant
Versus
State Represented by The Inspector of Police, Edappadi Police Station, Salem District – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.R.Marudhachalamurthy
For the Respondent:Mr.T.P.Savitha Government Advocate (Crl.Side)

JUDGMENT :

1. This Criminal Appeal has been filed against the Judgment dated 11.02.2019 in S.C.No.50 of 2017 on the file of the learned Mahila Court, Salem.

2.The case of the prosecution is that on 27.01.2016 P.W.1-mother of the victim girl went to agricultural work, at that time, the victim girl, who is a mentally challenged person was alone in her house. At around 12.00 noon, the appellant/accused came on his two wheeler i.e. T.V.S.XL Heavy Duty Motor Cycle and trespassed into P.W.1's house and sexually assaulted the victim girl. When P.W.1's sister and P.W.1's brother-in-law's wife went to the house of P.W.1, the appellant ran away from the place of occurrence. Thereafter, they informed the same to P.W.1, mother of the victim girl and P.W.4, brother of the victim girl. P.W.1 gave a complaint before respondent police, which was marked as Ex.P1.

3.The respondent police registered a case in Crime No.38 of 2016 for the offence punishable under Sections 376 IPC. After investigation, the respondent police filed a charge sheet before the learned Judicial Magistrate No.II, Sankagiri and the same was taken on file in P.R.C.No.7 of 2016.

4.The learned Judicial Magistrate No.II, Sankagiri afte

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