LAWS(MAD)-2010-2-52

EASWARAN Vs. STATE INSPECTOR OF POLICE COIMBATORE DISTRICT

Decided On February 19, 2010
EASWARAN Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This Criminal Appeal has arisen out of the judgment passed by the Additional District Sessions Judge, Fast Track Court No.III, Coimbatore, on 12.07.2002 in S.C. No.177 of 2002, convicting the accused 1 to 3 under Section 341 IPC and imposing a fine of Rs. 500/- each, in default to undergo simple imprisoment for a period of one week and first accused was convicted under Section 376 r/w. 511 IPC and he was sentenced to undergo seven years rigorous imprisonment and imposing fine of Rs. 10,000/-, in default to undergo one year rigorous imprisonment and accused 2 and 3 were convicted under Section 376 r/w. 511 r/w. 109 IPC and sentencing them to undergo rigorous imprisonment for seven years and imposing fine of Rs. 10,000/-, in default to undergo rigorous imprisonment for one year. The third accused is acquitted for the offence under Section 323 IPC.

(2.) The case of the prosecution in a nut-shell is as follows:-

(3.) Challenging the conviction and sentence, the learned counsel appearing for the first appellant/first accused would put forth the following four points for consideration :-