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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. Murali Shankar, J
Kannan @ Gundu Kannan – Appellant
Versus
The State represented by The Inspector of Police, Panagudi Police Station – Respondent
| Table of Content |
|---|
| 1. conviction against the appellant in previous judgment. (Para 1 , 2 , 3) |
| 2. details of prosecution evidence and charges. (Para 4 , 5 , 6 , 7) |
| 3. judgment and conviction summary. (Para 8) |
| 4. arguments regarding sufficiency of witness identification. (Para 11 , 12) |
| 5. importance of test identification parade. (Para 13 , 14) |
| 6. doubts raised about recovery evidence. (Para 18 , 19) |
| 7. court's findings on prosecution evidence credibility. (Para 22 , 23) |
| 8. final judgment reversing conviction. (Para 24) |
JUDGMENT
The Criminal Appeal is directed against the judgment of conviction made in S.C.No.353 of 2013, dated 25.08.2023, on the file of the Assistant Sessions Judge, Valliyoor.
2. The appellant is the first accused in S.C.No.353 of 2013, facing charges under Section s 454 and 397 I.P.C. , on the file of the Assistant Sessions Court, Valliyoor.
3. The case of the prosecution is that on 21.12.2008 at around 13.40 hours, while the accused 2 and 3 watched from Mudukku Theru, west of Cinema Theatre, the first accused tresspassed into the house of the complainant – Thamarai Selvi, residing in Panakudi Mela Azad street and pushed her down, gagged her with clothes and attacked her with
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