LOGAMURUGAN Vs. STATE

JUDGEMENT

(1.) The Appellant/Accused has filed the present Criminal Appeal before this Court being dissatisfied with the Judgment dated 19.08.2014 in S.C.No.167 of 2013 passed by the Learned Sessions Judge, Magalir Neethimandaram, Fast Track Mahila Court, Thiruppur District.

(2.) The Learned Sessions Judge, Magalir Neethimandram, Fast Track Mahila Court, Thiruppur District while passing the Impugned Judgment in S.C.No.167 of 2013 on 19.08.2014 at Paragraph No.42 had interalia observed that "But in this regard, if the evidence of P.W.1 was examined, she had stated that the Appellant/Accused had entered into the shed after pushing her, sat on her and when she made an attempt to escape, he pushed her, torn her jacket and also threatened her to the effect that if she informs it outside, he would murder her. Furthermore, P.W.4 (Doctor), who conducted medical examination on P.W.1 had not deposed as to the indications found on the neck of P.W.1 as regards an attempt to commit murder. Moreover, P.W.4 also stated that P.W.1 had not informed him that a murder attempt was made on her. Under this circumstance, an offence against the Appellant under Section 307 r/w 511 of IPC that he made an attempt to murder P.W.1 was held to be not proved beyond reasonable doubt."

(3.) Apart from the above, the trial court at Paragraph No.37 of its Judgment had stated that "P.W.1 (victim) informed him that she had not indulged in sexual intercourse" and consequently came to the conclusion that the offence under Section 376 read with 511 of IPC and 452 of IPC were not proved with sufficient evidence.