The Madurai Bench of the Madras High Court, via S.J. Vimala, granted leave to the State to prefer an appeal against the acquittal of Balamurugan in Section 376 IPC case, considering the seriousness of the offence.
Leave to prefer appeal against acquittal under Section 376 IPC is granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Tuesday, the Twenty Ninth day of September Two Thousand Fifteen
PRESENT
THE HON`BLE MRS.JUSTICE S.VIMALA
CRL OP(MD) No.18734 of 2015 IN CRL A(MD) NO.SR11001 OF 2010
STATE REPRESENTED BY THE INSPECTOR OF POLICE PUDUR POLICE STATION, THOOTHUKUDI DISTRICT. CR. NO. 179/2004 ... APPELLANT/COMPLAINANT IN BOTH THE PETITIONS
Vs
BALAMURUGAN .. RESPONDENT/ACCUSED
Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased
PRAYER IN CRL OP(MD) NO.18734 OF 2015 :
to grant leave to file an appeal to this Honourable Court, against the acquittal Judgment passed by the learned Assistant Sessions Judge, Kovilpatti in S.C. No.200 of 2005, Dated : 26.08.2009.
PRAYER IN CRL A(MD) NO.SR11001 OF 2010 :
to prefer this Memorandum of Grounds of Criminal Appeal against the acquittal Judgment passed by the learned Assistant Sessions Judge, Kovilpatti in S.C. No.200 of 2005, Dated : 26.08.2009, and prays that this Honourable Court may be pleased to set aside the Judgment of acquittal passed by the lower Court and convict the Respondent/Accused.
Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.P.Kandasamy Government Advocate (Crl.Side) for the petitioner in both the petitions and of Mr.S.Balaji Advocate for the Respondent in Both the petitions the court made the following order:-
The Accused has been acquitted of the charge under Section 376 IPC and Challenging the same the state has preferred this appeal. Leave is sought to prefer this appeal against acquittal.
Heard both sides.
Considering the Seriousness of the offence, leave is granted.
/ TRUE COPY /
https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
PUDUR POLICE STATION, THOOTHUKUDI DISTRICT.
ORDER
IN CRL OP(MD) No.18734 of 2015 IN CRL A(MD) NO.SR11001 OF 2010 Date :29/09/2015 GJM/SKS/RR/SAR-I-5.10.15-2p-5c
1 issue framed by the court
Whether leave to appeal against acquittal under Section 376 IPC should be granted in the present case.
State represented by the Inspector of Police Pudur Police Station, Thoothukudi District
Balamurugan
S. Vimala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
