J. FRANSIS XAVIER Vs. STATE

JUDGEMENT

(1.) The Session Judge, Mahila Court, Coimbatore, by judgment dated 24.09.2013, passed in S.C.No.3 of 2009 has convicted the appellant/accused, after holding that the accused is not guilty of Section 376 (1) IPC, under Section 376 read with 511 IPC and sentenced him to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.10,000/- in default to undergo rigorous imprisonment for a period of three months and under Section 506(i) IPC and sentenced him to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.3,000/- in default to undergo rigorous imprisonment for a period of one month and the period of sentences imposed on the appellant/accused has been ordered to run concurrently.

(2.) Impugning the same, the criminal appeal has been preferred by the appellant/accused.

(3.) Briefly stated, according to the prosecution, the accused on 14.2.2007 at about 4 P.M., took the victim girl aged about six years to his house, lied her on the bed and removing her clothes had sexual intercourse with the victim girl, a minor, against her Will and without her consent and after committing the offence of rape on the victim girl, threatened her by saying '[1]' and thereby, according to the prosecution, the accused has committed offences punishable under Sections 376(1) and 506(i) IPC. The criminal law has been set in motion, in such view of the matter, based on the complaint launched by PW1 Tmt.Muthammal, the mother of the victim on 24.02.2007, marked as Ex.P1 and on the basis of Ex.P1 complaint, FIR had been registered by PW9 Sridharan under Section 376 IPC and forwarded the FIR to Court and higher officials for investigation and the printed FIR has been marked as Ex.P6. Following the same, it is found that the victim girl was subjected to medical examination and medical certificate issued by the Doctor examined as PW6 has been marked as Ex.P3 and subsequently, the medical certificate issued by the medical officer examined as PW5 has been marked as Ex.P2 and the age of the victim girl was determined as being between 5 to 7 years and the radiologist report pointing to the same has been marked as Ex.P4. The IO, during the course of investigation, has also endeavoured to obtain the potency certificate of the accused marked as Ex.P7 and after examining the various witnesses and collecting other materials and concluding the investigation, as above pointed out, laid the final report against the accused.