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2021 Supreme(Mad) 2971

R.PONGIAPPAN
S. Murugan – Appellant
Versus
State Rep. by its Inspector of Police, Kayathar Police Station, Tuticorin – Respondent


Advocates Appeared:
For the Appellant : Mr. Aayiram K. Selvakumar.
For the Respondent:Mr. M. Muthumanikkam, Government Advocate (crl.side).

JUDGMENT :

This present criminal appeal is directed against the conviction and sentence dated 19.01.2016 passed in S.C.No.150 of 2014 on the file of the learned Sessions Judge, Mahalir Neethimandram (Fast Track Court), Tuticorin.

2. The appellant is the sole accused. He stood charged for the offence punishable under Sections 450 and 376 r/w 511 of IPC. After full-fledged trial, the learned Sessions Judge, Mahalir Neethimandram (Fast Track Court), Tuticorin, came to the conclusion that the appellant is found guilty for the offence under Sections 450 and 376 r/w 511 of IPC and accordingly, the appellant was convicted under Section 450 of I.P.C and sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs.1,000/-, in default, to undergo one month rigorous imprisonment. Further he has been convicted under Section 376 r/w 511 of I.P.C and sentenced to undergo 5 years rigorous imprisonment and to pay a fine of Rs.2,000/-, in default, to undergo six months rigorous imprisonment. Challenging the conviction and sentence, the appellant is before this Court with the present Criminal Appeal.

3. The case of the prosecution in brief is as follows:-

(i) The victim Madathi is no mor

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