SUBASAKTHI Vs. ANU RANJITH

JUDGEMENT

(1.) This Criminal Appeal has been filed to call for records and to set aside the order of acquittal passed by the Mahila Court, Coimbatore dtd. 6/12/2017 in S.C.No.10 of 2016.

(2.) The brief facts of the case is that the appellant/prosecurtix /P.W.1 was resident of Kamarajar Road, Varadharajapuram, Singanallur and that prior to 1 1/z years of the occurrence, she had gone to Arvind Hospital for eye treatment. At that time, the first respondent/accused who was working in the Armed Police, Palakkad, as a Police Man had come there for eye treatment of his father. During that time, they got acquainted with each other and that the first respondent/accused had made her believe that he would marry her after his younger sister's marriage and that he used to speak with her in mobile phone often.

(3.) Whileso, on 4/10/2013 at 12.30noon he had come to meet her at her house when no one was there and had induced her saying that he would marry her and by deceit made her believe that she is lawfully married to him and had forceful sexual intercourse with her. Thereafter, the first respondent did not contact her and thereby the appellant along with her parents had gone to Muttukulangara police camp Palakad, where the first respondent/accused was working. At that time, the first respondent/accused had taken them to his house, and there he had told the appellant and her family members that they are Malayalees and the appellant is Tamil girl, that his family members had refused to give concurrence for marriage. On refusal of marriage, the appellant had given a complaint to the District Police at Palakad, Kerala who had taken up the complaint and later finding that the offence was committed within the jurisdiction of Tamil Nadu had referred the same to the second respondent under Reference G/66413/13P dtd. 21/12/2013, on the point of jurisdiction. The second respondent police based on the reference registered a case in Cr.No.5 of 2014 under Sec. 376 IPC, and thereafter proceeded with the investigation and filed the final report against the first respondent/accused before the Mahila Court, Coimbatore for the offence under Sec. 376, 417 and 493 IPC. The case was taken up in PRC.No.10 of 2016, on appearance of the first respondent/accused copies of the documents were furnished to him under Sec. 207 Cr.PC. and the Court finding that the case was exclusively triable by the Court of Sessions had committed the case to the Principal District and Sessions Judge, Coimbatore and the case was taken up in SC.No.10 of 2016. Later it was made over to the Sessions Judge, Magalir Neethimandram, Mahila Court, Coimbatore for trial. The trial judge after perusal of the documents and initial questioning, framed charges against the first respondent/accused for the offence under Sec. 376, 417 and 493 IPC.