V RANGARAJAN Vs. ULAGU ARUNACHALAM

JUDGEMENT

(1.) The appellant/accused has filed the Criminal appeal against the conviction sentence imposed by the learned Assistant Sessions Judge, Tuticorin, in S.C.No.130 of 2004 on 09.12.2004 sentencing the appellant to undergo Rigorous Imprisonment for 10 years and to pay a fine of Rs.1000/- in default to undergo Rigorous Imprisonment for one year, for offence under Section 450 of I.P.C. and also sentencing him to undergo Rigorous Imprisonment for 10 years and to pay a fine of Rs.2000/- in default to undergo Rigorous Imprisonment for two years for offence under Section 376 of I.P.C and both these sentences to run concurrently, and to set aside the sentence and conviction imposed by the trial Court on 09.12.2004 and allow this appeal.

(2.) The prosecution case is as follow:- 2.1. On 20.01.2003 at around 11.00 a.m. the accused rapped the victim namely, Pachiammal aged about 16 years at her residence, Pullavalli East street. The incident was informed to the Inspector of Police registered a Criminal Case in Crime No.18 of 2003 and alleged offence under Section 376 and 450 of I.P.C. The case was tried before the Assistant Sessions Judge, Tuticorin in S.C.No.130 of 2004.

(3.) On the prosecution side 12 witnesses were examined, 17 documents were marked, 7 material objects were produced. After a full-fledged trial the accused was convicted under Section 450 and 376 of I.P.C. and a sentence imposed on him 10 years Rigorous Imprisonment and fine amount of Rs.1,000/- and another 10 years and fine amount of Rs.2,000/-.