Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 39 OF 2017 (Arising out of SLP(Crl.) No.9073 of 2015)

Sri Ganesh ...….. Appellant Versus State of Tamil Nadu and Anr. …. Respondents J U D G M E N T Uday Umesh Lalit, J. 1. Leave granted.

2. This appeal by special leave challenges the Judgment and Order dated 13.10.2015 passed by the High Court of Madras in Criminal Revision Case No.383 of 2015. In order to avoid any identification of the victim, we have transposed the original respondent No.1 namely, the Complainant as respondent No.2 and the State is now shown as respondent No.1 in the matter.

3. Pursuant to complaint by the complainant, FIR vide Crime No.5/2010 was initially registered under Sections 417 and 506(ii) IPC on 26.03.2010 with Old Washermenpet Police Station, Chennai against the appellant, his father, mother and uncle. After carrying out necessary investigation, charge-sheet dated 18.11.2010 was filed against the appellant under Section 376 IPC and against his parents and uncle under Sections 417 read with 109 IPC and 506(ii) IPC. It was alleged that the appellant had become friendly with the victim while they had reached 10+2