RETHINAM ALIAS RAJARETHINAM Vs. STATE INSPECTOR OF POLICE

JUDGEMENT

(1.) THE Criminal Appeal has been preferred against the judgment of conviction and sentence, dated 09.09.2004, passed by the learned Assistant Sessions cum Chief Judicial Magistrate, Nagapattinam, in S.C.No.214 of 2003, whereby the accused was convicted for the offence under Sections 376 (i) and 576(ii) I.P.C. and in respect of Section 376(i) I.P.C., he was sentenced to undergo 10 years' rigourous imprisonment for each count, which was ordered to be run consecutively and to pay a fine of Rs.50,000/ - for each count, in default in payment, to undergo six months' simple imprisonment. In respect of Section 506(ii) I.P.C., the accused was sentenced to undergo two years' rigourous imprisonment, which was ordered to be run concurrently and to pay a fine of Rs.10,000/ -, in default in payment, to undergo three months' simple imprisonment. The total fine amount was Rs.1,10,000/ -, out of which, Rs.1,00,000/ - was ordered to be paid as compensation to the victim girl.

(2.) THE case of the prosecution is as follows:

(3.) THE learned counsel appearing for the appellant made his submissions on the following grounds: