THOTHTHAN ALIAS PERIYAKARUPPAN Vs. STATE

JUDGEMENT

(1.) The memorandum of criminal appeal is directed against the judgment dated 9.1.2007, and made in S.C. No. 344 of 2006, on the file of the learned Session Judge, Mahalir Neethimandram, Madurai, convicting the accused under Section 376(2)(f) of I.P.C. and sentencing him to suffer 10 years of rigorous imprisonment and to pay a fine of Rs. 3,000.00 in default, to suffer one year rigorous imprisonment. Challenging the conviction and sentence, the accused has approached this Court by way of this appeal.

(2.) The related facts and circumstances which giving rise to the memorandum of criminal appeal may be summarised briefly as follows:

(3.) P.W.3 is the only eye witness to the occurrence. Apart from this, the evidence of P.W.2 i.e. the testimony of victim girl plays a predominant role in this case. P.W. 1 is the father of the victim girl P.W.2 and he was informed about the occurrence by P.W.3 and later when he enquired P.W.2, she had unfolded the incident.