STATE Vs. ELANGOVAN

JUDGEMENT

(1.) State is the appellant in Crl. A. No. 301 of 2004 and the respondent is the accused. This appeal has been filed challenging the acquittal of the respondent/accused in S.C. No. 376 of 1999 on the file of the learned Assistant Sessions Judge, Salem by judgment dated 08.12.2000. The defacto complainant in the said case has come up with Crl. R.C. No. 414 of 2001 challenging the said acquittal of the accused.

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

(3.) Based on the above materials placed by the prosecution, the trial Court, framed as many as three charges. The 1st charge is under Section 376 of IPC for having committed rape on the deceased by the accused on 15.06.1997; the 2nd charge is under Section 306 of IPC for having driven the deceased to commit suicide on 16.06.1997 by hanging and; the 3rd charge is under Section 328 of IPC for having administered intoxicating drugs along with milk on the deceased on 15.06.1997. The accused denied the charges and therefore, he was put on trial. During trial on the side of the prosecution, as many as 19 witnesses were examined and 23 documents were exhibited. M.Os. 1 to 21 were produced. When the accused was questioned under Section 313 of Cr.P.C. he denied the same. He gave a written statement under Section 313 of Cr.P.C. in which he has stated that in connection with the construction of the house of P.W.1, she had fallen in dues to him. Only for the purpose of collecting the said dues, the accused visited the house of P.W.1 on few occasions. Apart from that there was no illicit relationship between him and P.W.1. He has further stated that on 15.06.1997, he did not go to Aachankuttapatti Village at all. Similarly, he has stated that on 15.06.1997 he did not visit the house of P.W.1 at all. He has also denied the allegations made by P.w.14 that he spoke over telephone. He has further stated that what ever have been stated by the witnesses implicating him are all false. He has stated that P.Ws.1, 11 and 14 have falsely deposed against him. He has further stated that Ex.P.2 Death Note is a concocted document. Similarly, the material objects containing blood stains have been created for the purpose of the case. He has further stated that P.Ws.6, 7 & 13 have also falsely deposed against him. He, however, did not chose to examine any witness.