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2023 Supreme(Mad) 3085

SATHI KUMAR SUKUMARA KURUP
S. Sivagnanam – Appellant
Versus
State, Represented by The Inspector of Police, Thazhambur Police Station, Kancheepuram – Respondent


Advocates appeared: For the Appellant :K. Ethirajalu, Legal Aid Counsel, V. Krishnamoorthy, Advocate. For the Respondent: G.V. Kashthuri, Additional Public Prosecutor.

JUDGMENT

(Prayer: Criminal Appeal filed under Section 374 Cr.P.C to set aside the conviction and sentence imposed on the Appellant/Sole Appellant/Accused in S.C.No.134 of 2005 on the file of the learned Principal Sessions Judge of Kancheepuram District at Chengalpattu, dated 02.09.2016.)

1. The Appellant/Accused has preferred this Criminal Appeal as against the judgment of conviction and sentence imposed on him in S.C.No.134 of 2005 on the file of the learned Principal Sessions Judge of Kancheepuram District at Chengalpattu, dated 02.09.2016.

2. The brief facts which are necessary to decide this Appeal are as follows:

2.1. The victim/Complainant belongs to Hindu Adi Dravidar community. The Appellant/Accused belongs to Hindu Yadava community. Four months prior to 06.01.2002, the Appellant/Accused fell in love with the Victim/Complainant aged about 19 years and also had sexual intercourse  intercourse and become pregnant. Later, the Appellant/Accused refused to marry her stating that she is Scheduled caste. Hence the Deputy Superintendent of Police, Mamallapuram has filed charge sheet U/s 376, 417 IPC r/w 3(1) (xii) of Scheduled Caste/Scheduled Tribe (Prevention of Atrociti

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