Murali v. State Rep by
Case brief
What is this about?
Four criminal appeals were preferred challenging the conviction of appellants for kidnapping, rape, and abduction. The High Court acquittal of all accused holding the prosecutrix had voluntarily gone away with the first accused.
What did the court decide?
Appellants acquitted of all charges; trial court judgment set aside; fine refunded; bail bonds cancelled.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.08.2017
CORAM
THE HONOURABLE MR.JUSTICE C.T.SELVAM
Criminal Appeal Nos.440, 449, 469 and 495 of 2010
Murali @ Akkamurali
S/o.Selvaraj .. Appellant in C.A.No.440/2010
Sakthivel
S/o.Govindasamy .. Appellant in C.A.No.449/2010
Mani @ Manikandan
S/o.Ethiraj .. Appellant in C.A.No.469/2010
Lukas @ Ramesh
S/o.Pavadairaja .. Appellant in C.A.No.495/2010
Vs.
State represented by
The Inspector of Police,
Tindivanam Police Station,
Tindivanam, Villupuram District.
Crime No.648 of 2009 .. Respondent in all appeals
Criminal Appeals preferred under Section 374 (2) of Cr.P.C against the judgment of learned Additional District and Sessions Judge, Fast Track Court I, Tindivanam, passed in S.C.No.384 of 2009 on 29.06.2010.
| For Appellants | ||
|---|---|---|
| Crl.A.No.440 of 2010 | : | Mr.K.Selvakumaraswami |
| Crl.A.No.449 of 2010 | : | Mr.S.Vadivel Murugan |
| Crl.A.No.469 of 2010 | : | Mr.R.Vijaya |
| Crl.A.No.495 of 2010 | : | Mr.G.Bhagavath Singh |
| For Respondent | : | Mr.V.Arul, Additional Public Prosecutor |
| (in all appeals) |
Issues for consideration
3 issues framed by the court
Whether the version of the prosecutrix that she went with the accused on her own volition negates the ingredients of kidnapping under Section 366 IPC.
Whether the version of the prosecutrix negates the ingredients of rape under Section 376 IPC against the first accused.
Whether the prosecution evidence establishes a prima facie case for the conviction of the appellants.
Parties & counsel
- appellant
Murali @ Akkamurali
- appellant
Sakthivel
- appellant
Mani @ Manikandan
- appellant
Lukas @ Ramesh
- respondent
State
Case details
As recorded by the court registry
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