P GOVINDAN Vs. STATE

JUDGEMENT

(1.) THIS Criminal Revision Case is directed against the judgment of the learned Principal Sessions Judge, Villupuram (Lower Appellate Judge) dated 16.12.2005 made in C.A.No.39/2005 confirming the conviction recorded and sentence passed by the trial court (Chief Judicial Magistrate/Assistant Sessions Judge, Villupuram) for an offence punishable under Section 417 IPC in S.C.No.64/2003.

(2.) THE petitioner herein was prosecuted before the trial court (court of Chief Judicial Magistrate/Assistant Sessions Judge), Villupuram for alleged offences punishable under Sections 366, 417 and 376 IPC. After trial, the learned Assistant Sessions Judge, Villupuram acquitted the petitioner herein/accused in respect of the third charge, namely the charge for an offence punishable under Section 376 IPC. However, the trial judge held him guilty of the other two offences (offences punishable under Section 366 IPC and 417 IPC) and sentenced him as follows:

(3.) THIS court heard the submissions made by Mr.V.Ayyadurai, learned counsel for the petitioner in the Revision Case and R.Muniapparaj, learned Government Advocate (Criminal Side) representing the respondent herein. The materials available on record were also perused.