M THIRUMALAI Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Appeal arises against the judgment of the learned Magalir Sessions Judge, Chennai in S.C.No.213 of 2006, dated 16.05.2007. The accused/appellant herein was convicted for the offences punishable under Sections 506(ii), 452, 366(A) and 376(1) I.P.C and was sentenced to 3 years R.I for the offence punishable under Section 506(ii), 3 years R.I and fine of Rs. 1,000/- for the offence under Section 452 and in default 1 year R.I, for the offence under Section 366(A), he was sentenced to 5 years R.I together with a fine of Rs. 1,000/- and in default 1 year R.I. As regards the offence under Section 376(1), the accused was sentenced to 10 years R.I and a fine of Rs. 2,000/- and in default 2 years R.I. The said imprisonment was to run concurrently and the time already spent by him in prison under the provisions of Section 420 of Cr.P.C was to be taken into account.

(2.) The case of the prosecution is as follows:

(3.) The respondent Police on completion of the investigation filed a final report and the same was taken cognizance by the trial Court and the trial Court had framed charges under Section 506(ii), 452, 366(A) & 376(1) of I.P.C. The Magalir Court, Chennai had put the accused/appellant on trial as he had pleaded not guilty to the charges. The incriminating evidence was put forth to the accused person by questioning him under Section 313 of I.P.C and the same was denied by the accused person. The learned Judge after analyzing the evidence, convicted the accused/appellant of all the charges. Aggrieved by the same, the accused/appellant has filed the above Appeal.