State Rep.By v. Sathish Kumar

Crl. O.P. No.20732 of 2023 in Crl.A.SR No.44991 of 2023 Crl. O.P. No.20732 of 2023 in Crl.A.SR No.44991 of 2023 R.HEMALATHA, J.

This petition is filed under Section 378 (3) Cr.P.C, to grant leave to file an appeal against the order dated 20.06.2023 made in S.C.No.10 of 2021 on the file of the learned Sessions Judge, Mahalir Neethimandram Allikulam, Chennai.

2.

Heard Mr.R.Muniyapparaj, learned Additional Public Prosecutor for the petitioner.

3. Learned Additional Public Prosecutor for the petitioner contended that the trial court had acquitted the accused without taking into consideration that the consent given by the prosecutrix was under misconception of fact and therefore, Section 376 IPC is attracted in the present case. According to him, there are arguable points in the main Appeal. Considering the facts and circumstances, leave is granted. 1/2 https://www.mhc.tn.gov.in/judis

Crl. O.P. No.20732 of 2023 in Crl.A.SR No.44991 of 2023 R.HEMALATHA, J.

mtl 4.Registry is directed to number the Criminal Appeal, if it is otherwise in order and list the matter under the caption "For Admission" in usual course.

07.09.2023 mtl Crl. O.P. No.20732 of 2023 in Crl.A.SR No.44991 of 2023 2/2 https://www.mhc.tn.gov.in/judis