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2011 Supreme(SC) 491

P.SATHASIVAM, B.S.CHAUHAN
Murugan @ Settu – Appellant
Versus
State of Tamil Nadu – Respondent


JUDGMENT

Dr. B.S. Chauhan, J. —

1. All the three appeals have been preferred against the common judgment and order dated 14.7.2003 passed by the High Court of Judicature at Madras in Criminal Appeal Nos. 981 and 986 of 2002, by which the High Court had disposed of the said appeals preferred by the appellants against the judgment and order of the trial court dated 24.6.2002, in Sessions Case No. 30 of 2000, by which appellant Murugan @ Settu (A.1) had been convicted under Sections 366 and 376 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) and awarded the sentence of rigorous imprisonment for 3 and 7 years on those counts respectively. Other appellants stood convicted under Sections 366 r/w 109 IPC and were sentenced for 3 years rigorous imprisonment.

2. FACTS :

(A) The prosecution case reveals that on 11.2.1998 at 9.00 A.M., Murugan @ Settu (A.1) with an intention to marry the minor girl Shankari (PW.4), aged 14 years studying in 8th standard, kidnapped her from S.S.K.V. School, Kancheepuram, by stating that her mother, Parimala (PW.15) was seriously ill and had been admitted to hospital. Shankari (PW.4) took permission to leave the school from her teacher, Rajes









































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