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2023 Supreme(Online)(MAD) 19064

HIGH COURT OF MADRAS
Hon`ble Mr.Justice P. DHANABAL
M. IRUTHAYASAMY – Appellant
Versus
THE DEPUTY SUPERINTENDENT OF – Respondent


JUDGMENT

This criminal appeal has been filed as against the judgment and conviction passed by the Principal Sessions Court, Dindigul District in Special Sessions Case No.28 of 2017 dated 20.02.2019, wherein the trial Court has convicted the accused for the offence under Section 326 IPC and sentenced him to undergo three years rigorous imprisonment and to pay a fine of Rs.25,000/- in default to undergo one year rigorous imprisonment. Out of the fine amount, Rs.20,000/- was ordered to be paid to P.W.2 as compensation under Section 357(1) Cr.P.C., and the trial Court acquitted the accused for the offence under Sections 294(b), 506(ii) IPC r/w Sections 3(1)(r)

(s), 3(2)(va) of SC/ST (POA) Amendment Ordinance 2014.

2.The case of the prosecution is that the accused who is the resident of Mariyayeepalayam, Kottur Village, Nilakottai Taluk belongs to Christian Vanniar community, that is non-schedule caste and the defacto complainant Rakku and her husband Palanisamy are residents of South street Colony, Avvaiampatti, Kottur Village, Nilakottai Taluk are belonging to Hindu Pallar Community, which is schedule caste. The defacto complainant’s sister Subbulakshmi, who was under the care and custod

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