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2023 Supreme(Mad) 3190

R. SAKTHIVEL
Santhosh – Appellant
Versus
Inspector of Police Latheri Police Station Latheri, Vellore – Respondent


Advocates appeared: For the Appellant :M.G. Udaya Shankar for S. Shanthakumari, Advocate. For the Respondent: A. Gokulakrishnan Additional Public Prosecutor.

JUDGMENT

(Prayer: Criminal Appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973, to call for the records pertaining to the judgment rendered by the Sessions Judge, Magalir Neethimandram (Fast Track, Mahila Court) Vellore, Vellore District in S.C.No.84 of 2012 dated 18.05.2016 and set aside the same.)

1. This Criminal Appeal is preferred by the appellant / accused in Sessions Case No.84 of 2012 on the file of learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court) Vellore, assailing the judgment passed by the trial court on 18.05.2016 in which he was convicted and sentenced to undergo rigorous imprisonment for seven years with fine of Rs.2,000/- for the offence under Section 376 of 'The Indian Penal Code, 1860' [hereinafter referred to as 'IPC' for the sake of brevity], in default, to undergo two months simple imprisonment.

2. The case of the prosecution, in brief, is as follows :

2.1.P.W.1 is the victim. P.W.2 is her husband. The victim is running a petty shop right opposite her house. She also has two acres of land which is maintained by her husband and mother-in-law. She has three daughters and one son, out of whom, two daughters

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