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2021 Supreme(Mad) 3485

A.D.JAGADISH CHANDIRA
Periyasamy – Appellant
Versus
State Rep. by the Assistant Commissioner of Police, Salem – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. S. Jeyakumar.
For the Respondent: S. Sugendran.

JUDGMENT :

A.D. JAGADISH CHANDIRA, J.

1. The Criminal Appeal has been filed against the judgment of conviction and sentence dated 30.7.2019 passed by the Special Judge/Principal District and Sessions Judge, Salem in S.C. No. 306 of 2015.

2. By the judgment of the Trial Court, the appellant stands convicted and sentenced as under:

Provision of conviction

Sentence

Section 417 IPC

R.I. for one year with fine of Rs. 1000/- in default, R.I. for four months.

Section 3(1)(x) of SC and ST (POA) Act, 1989

R.I. for one year with fine of Rs. 1000/- in default, R.I. for four months

The substantive sentences awarded was directed to be run concurrently.

3. Brief facts of the case evinced from the complaint and the version of the prosecution witnesses are as under:

    (i) The de facto complainant/PW-1 and the accused/appellant were classmates in Thiyagaraja Engineering College, Salem during the period from 2008 to 2011. They started to move as friends at the inception and during the second year course, they fell in love.

(ii) On 21.3.2010, on the birth day of the de facto

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