LAWS(MAD)-2003-7-169

JAYARAJ Vs. STATE

Decided On July 28, 2003
JAYARAJ Appellant
V/S
ASSISTANT SUPERINTENDENT OF POLICE Respondents

JUDGEMENT

(1.) The sole accused, who stood charged, tried under Section 366 I.P.C. and Section 3(2)(v) of SC and ST Act and found guilty under Section 366 IPC and sentenced to undergo RI for three years along with a fine of Rs.1000/- in default to undergo six months RI and acquitted for the offence under Section 3(2)(v) of SC & ST Act, has brought forth this appeal.

(2.) . The short facts necessary for the disposal of this appeal can be stated thus:

(3.) . In order to prove the charges levelled against the accused/appellant, the prosecution examined 18 witnesses and marked 22 exhibits. No material objects were marked. On completion of the evidence on the side of the prosecution, the accused was questioned under Section 313 of Cr.P.C. as to the incriminating circumstances found in the evidence of the prosecution witnesses, which he flatly denied as false. No defence witness was examined. After careful consideration of the rival submissions and the scrutiny of the materials available, the trial court found the accused guilty under Section 366 I.P.C. and sentenced him to undergo imprisonment as stated above, but the accused was acquitted of the charges under Section 3(2)(v) of SC & ST Act. Hence, this appeal.