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2021 Supreme(Mad) 1286

P.VELMURUGAN
Dhanapal – Appellant
Versus
State rep by, The Deputy Superintendent of Police, Rasipuram, Namakkal – Respondent


Advocates Appeared:
For the Appellant : Mr. S.N. Arunkumar.
For the Respondent:Ms. T.P. Savitha, Government Advocate [Crl. Side].

JUDGMENT :

This Criminal Appeal has been filed against the conviction and sentence imposed by the learned Principal Sessions Judge, Namakkal in S.C.No.88 of 2014, dated 20.08.2018.

2. The respondent Police have registered a case in Crime No.74 of 2013, for offence under Sections 376(i), 376-C(a) IPC (Criminal Law Amendment Act, 2013), 417 IPC r/w 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 1998 against the appellant on the complaint (Ex.P1) given by the victim (PW1). During investigation, the respondent Police altered Sections into 376(i), 376-C(a) IPC (Criminal Law Amendment Act, 2013), 417 IPC r/w 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 1998 and Section 3(i)(xii) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and laid a charge sheet before the learned Judicial Magistrate, Rasipuram and the same was taken on file in P.R.C.No.22 of 2013. After the completing the formalities, since the offences are especially triable by the Court of Session, the learned Judicial Magistrate, Rasipuram committed the case to the learned Principal Sessions Judge, Namakkal and the same was taken on file in S.C.No.88 of 2014.

3. After

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