RAVI Vs. STATE

JUDGEMENT

(1.) Petitioner is the sole accused in S.C. No. 160 of 2002, on the file of the Assistant Sessions Judge, Kallakurichi. By judgment dated 19.3.2003, the learned Judge convicted the petitioner for offences under Sections 417 and 376, IPC., and sentenced him to undergo rigorous imprisonment for six months under Section 417, IPC and to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/-, in default to undergo three months rigorous imprisonment under Section 376, IPC. He was also directed to pay a sum of Rs. 1,00,000/- as compensation under Section 357(3), Code of Criminal Procedure Challenging the same, he preferred Criminal Appeal No. 47 of 2003. The learned Addl. District Sessions Judge (Fast Track Court), Kallakurichi, by judgment dated 5.4.2004, confirmed the substantive sentence of imprisonment imposed under Sections 417 and 376, IPC., and set aside the imposition of fine of Rs. 5,000/-. The learned Judge also reduced the compensation to Rs. 40,000/-. Challenging the above, the petitioner has come up with this Revision.

(2.) The case of the prosecution in brief is as follows:

(3.) P.W.8, who was then Inspector of Police at Arakandanallur Police Station, received the said complaint of P.W.1 at 9.00 a.m., on 9.10.1999 and registered a case in Crime No. 161/99 under Sections 417 and 376, IPC. Ex.P-1 is the complaint and Ex.P-5 is the First Information Report. Since the Inspector of Police attached to the said police station was on leave, P.W.8 himself took up the case for investigation on the direction of the Deputy Superintendent of Police. On the same day, he examined P.Ws.1 to 4 and 6 and recorded their statements. He arrested the accused at 11.00 a.m. near Mallapuram Bus Stand and then sent him for judicial remand. On the same day he sent P.W.1 for medical examination through Court.