PRABHU @ KULANDAIVELU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Leave granted.

(2.) Being aggrieved with the conviction and also sentence of imprisonment imposed upon him under Sections 313 and 417 I.P.C., the appellant has filed this appeal.

(3.) Case of the prosecution is that the appellant-accused, Prabhu @ Kulandaivelu, was related to Tamilselvi (PW-1) and acquainted with her under the false promise of marriage and had sexual intercourse number of times with PW-1 in 2003, resultantly PW-1 became pregnant. It is alleged that against the wishes of PW-1, the appellant took PW-1 to Rudhramoorthy Hospital and compulsorily aborted her fetus. The appellant and his father (since acquitted) were charged for the offences punishable under Sections 376, 417, 313 and 506(ii) I.P.C. The Trial Court convicted the appellant for all the offences and sentenced him to undergo rigorous imprisonment for ten years for the offence under Section 376 I.P.C.; one year rigorous imprisonment for the offence under Section 417 I.P.C.; for ten years for the offence under Section 313 I.P.C. and fine of Rs.500/- for the offence under Section 506 (ii) I.P.C.