V.KOTTEESWARAN Vs. STATE

JUDGEMENT

(1.) The First Additional District and Sessions Judge, Tindivanam, by judgment dated 18.06.2014 in S.C.No.144 of 2013 convicted the appellant/accused under Section 417 IPC and sentenced him to undergo Rigorous imprisonment for one year and also to pay a fine of Rs.10,000/- in default to undergo Rigorous imprisonment for three months and acquitted him of the offence punishable under Section 376 IPC. Impugning the same, the criminal appeal has been preferred by the appellant/Accused.

(2.) Briefly stated, according to the prosecution case, the victim girl aged about 20 years and the appellant/accused are the residents of Rettanai Village and one year prior to the giving of the complaint, the victim girl used to go to the house of the accused for doing house hold works and while so, the accused deceived the victim girl, dishonestly induced her by stating that he would marry her and she is his wife and by saying so, it is put forth that he committed sexual intercourse with the victim girl against her will and consent and thus, the accused has committed the offences punishable under Sections 417 & 376 IPC.

(3.) To sustain the prosecution case, PWs 1 to 12 were examined and Exs.P1 to 9 were marked. No MO has been marked. On the conclusion of the prosecution evidence, the accused was examined under Section 313 Cr.P.Cwith reference to the incriminating evidence tendered against him by the prosecution witnesses and the accused had denied the same and on the side of the accused, no oral and documentary evidence has been adduced and No MO has been marked.