MURUGAN @ SETTU versus STATE OF TAMIL NADU

MURUGAN @ SETTU versus STATE OF TAMIL NADU

Municipal birth certificate and school register corroborated by credible witness, made ante litem motam, authentic and unshaken in cross-examination, establish prosecutrix's minority beyond doubt; thus conviction and sentences are valid and require no interference.

Parties
Appellant: Murugan @ Settu; Appellant: Shiva (A2); Appellant: Ramalingam @ Ramu (A3); Respondent: State of Tamil Nadu
Jurisdiction
India
Judgment Date
06 May 2011
Procedural Posture
Criminal Appeal / Supreme Court Final Disposition
Outcome
Appeals dismissed
Legal Topics
Kidnapping, Rape, Minor's Age Determination, Admissibility of Documents as Proof of Age, Evidence Act S.35
Criminal Law Kidnapping Rape Minor's Age Determination Admissibility of Documents as Proof of Age Evidence Act S.35

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Parties

Murugan @ Settu

Appellant

Shiva (A2)

Appellant

Ramalingam @ Ramu (A3)

Appellant

State of Tamil Nadu

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Final Disposition

Legal Issues

  1. 1 Whether the prosecutrix was a minor on the date of the incident
  2. 2 Admissibility and probative value of municipal and school certificates as evidence of age
  3. 3 Whether the conviction and sentence need interference

Ratio Decidendi

Municipal birth certificate and school register corroborated by credible witness, made ante litem motam, authentic and unshaken in cross-examination, establish prosecutrix's minority beyond doubt; thus conviction and sentences are valid and require no interference.

Court Disposition

Appeals dismissed

Orders

  • Appellants' bail bonds are cancelled. Appellants must surrender within 30 days to serve remaining sentences; failing which Chief Judicial Magistrate Kancheepuram, Tamil Nadu, shall apprehend and send them to jail. Copy of judgment be sent to court for information and compliance.