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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.K.ILANTHIRAIYAN, R.POORNIMA
Hemaraj – Appellant
Versus
State Represented by the Inspector of Police, Viralimalai Police Station – Respondent
| Table of Content |
|---|
| 1. details of the criminal proceedings (Para 1 , 2 , 3 , 4) |
| 2. challenges to prosecution's case (Para 5 , 6 , 7) |
| 3. legal standards for test identification parade (Para 8) |
| 4. prosecution's response to defense claims (Para 9 , 10) |
| 5. prosecution evidence and witness credibility (Para 11 , 12 , 13 , 14 , 15) |
| 6. interpretation of witness testimonies (Para 16 , 17 , 18) |
| 7. trial court's findings (Para 19) |
| 8. dismissal of appeals (Para 20) |
JUDGMENT :
G.K. ILANTHIRAIYAN, J.
1. These appeals have been directed as against the Judgment passed in S.C.No.10 of 2021 on the file of the learned Principal District and Sessions Judge, Pudukkottai, dated 12.07.2022, thereby convicting the accused for the offences punishable under Section 394 r/w 397 of I.P.C.
2. The case of the prosecution is that on 25.05.2020 at about 03.00 p.m., the victim went to work at a private company and returned to her house in the company vehicle at about 11.20 p.m. She was dropped at the main road and while she was walking along the mud road from E.Mettupatti bus stop to her house, the accused arrived on a motorcycle bearing Registration No.TN-48-S-6522. At knife point, they robbed her of a pair of ear studs weighi
Identification in court serves as primary evidence, with errors in pre-trial identifications not automatically rendering testimonies invalid if verifiable by corroborating evidence.
Appellate interference in acquittal justified only if perverse or unreasonable; unexplained FIR delay, absent test identification parade, omnibus allegations, and dubious night identification uphold ....
The prosecution failed to establish the appellants' guilt beyond a reasonable doubt due to inconsistencies in witness testimonies and procedural irregularities in identification parades.
The evidence of a victim of sexual assault stands almost at par with the evidence of an injured witness and is entitled to great weight. The delay in the test identification parade was not fatal to t....
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