MUTHURAJ Vs. STATE

JUDGEMENT

(1.) Heard the learned Senior Counsel appearing for the appellant and the learned Additional Public Prosecutor appearing for the respondent.

(2.) This appeal is directed against the Judgment dated 24.03.2015 in S.C.No.20 of 2011 on the file of the Sessions Court/Mahalir Neethimandram, Thoothukudi, convicting the appellant for the offences under Section 376 of IPC r/w Section 511 of IPC and sentencing him to rigourous imprisonment for five years and to pay a fine of Rs.3,000/- and default sentence was also imposed.

(3.) The case of the prosecution is that on 29.12.2009, at about 01.00 pm., the appellant induced the victim child to go to his house and perpetrated the offence in question on her. The victim girl was aged about seven years. When the child came out of the house of the appellant, the mother of the appellant was not there. She came home at around 3.30 p.m. She found the child crying and the child narrated what happened. The victims' mother informed her husband that is the father of the victim and after his arrival, she went to the Ottapidaram police station at about 09.00 p.m., and lodged Ex.P1-Complaint. It was registered as Crime No.242 of 2009. The matter was investigated and final report was filed before the Judicial Magistrate, Vilathikulam. The case was committed to the Sessions Court in P.R.C.No.15 of 2010. It was then made over to the Mahalir Neethimandram, Thoothukudi and taken up for trial in S.C.No.20 of 2011. Against the appellant, two charges were framed. One under Section 376 of IPC r/w Section 511 of IPC and the other under Section 506(ii) of IPC. The appellant denied the charges and claimed to be tried. In support of the prosecution, as many as 12 witnesses were examined. Ex.P1 to Ex.P9 were marked. M.O.1 to M.O. 4 were also marked. On the side of the accused, no evidence was adduced.