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2022 Supreme(Online)(Mad) 69993

MADRAS HIGH COURT
BALRAJ – Appellant
Versus
STATE REP.BY – Respondent


J U D G M E N T

This Criminal Appeal has been filed to set aside the Judgment made in S.C.No.44 of 2018 dated 16.12.2020 on the file of the Sessions Judge, Mahila Court, Perambalur.

2. The respondent registered the case in Crime No.70 of 2016 for the offences under Section 376 of IPC. After completing the investigation, the respondent police have filed the charge sheet before learned Judicial Magistrate, Perambalur. The learned Magistrate, Perambalur taken the charge sheet on the file in PRC No.24 of 2017. After completing the formalities, the learned Magistrate committed the case to learned Principal District and Sessions Judge, Perambalur, since the offences are exclusively triable by the Court of Session. The learned Principal District and Sessions Judge, Perambalur, taken the case on file in SC No.44 of 2018 and madeover to the Learned Sessions Judge, Mahila Court, Perambalur, since the offences are against woman.

3. The learned Sessions Judge after completing the formalities framed the charges against the appellant for the offences under Section

376 of IPC.

4. After framing the charges, in order to substantiate the charges framed against the appellant, during the trial, on the side

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