RAJA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Crl. R.C. is filed against the judgment dated 8.5.2009 in Crl. A. No. 1 of 2007 on the file of the Additional District and Sessions Court (Fast Track Court No. 3), Viruthachalam, confirming the conviction and sentence passed by order dated 7.12.2006 in S.C. No. 322 of 2005 on the file of the Additional Assistant Subordinate Judge-cum-Sessions Judge, Viruthachalam, whereby the revision Petitioner/accused was convicted for the offence under Section 376 read with 511 IPC and sentenced to undergo three years' rigorous imprisonment and to pay fine of Rs. 500/-, in default, to undergo three months' rigorous imprisonment.

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

(3.) The learned District Munsif-cum-Judicial Magistrate, Thittakudi, after taking the case in PRC, committed the same to Sessions Court and the learned Additional Assistant Sessions Judge, Vrithachalam, after following the procedures, framed necessary charges and as the accused pleaded not guilty, he examined P. Ws.1 to 8 and marked Exs.P-1 to P-7 on the side of the prosecution and D.W.1 was examined on the side of defence, acquitted the revision Petitioner/accused from the offences under Sections 366 and 506 (Part 2) IPC and convicted him for the offence under Section 376 read with 511 IPC and sentenced him as stated above, against which, the revision Petitioner preferred Criminal Appeal and the Additional District and Sessions Judge (Fast Track Court No. 3), Vrithachalam, after hearing the arguments of both sides and considering the materials available on record, confirmed the conviction and sentence passed by the trial Court, against which, the revision Petitioner/accused has preferred this Crl. R.C.