RAMESH Vs. STATE

JUDGEMENT

(1.) This appeal has been filed to set aside the judgment of conviction and sentence dated 28.04.2014 made in S.C.No.125 of 2013 on the file of the learned Sessions Judge. i/c Mahila Court, Cuddalore District, finding the appellant guilty for the offence u/s.376 and 417 I.P.C and convicting and sentencing the appellant to undergo 7 years rigorous imprisonment and to pay a fine of Rs.5,000/- and in default to undergo 6 months rigorous imprisonment u/s.376 IPC and to undergo 1 year rigorous imprisonment for the offence u/s.417 I.P.C. and also directed to pay a sum of Rs.2 Lakhs as compensation u/s.357(3) Cr.P.C. to be paid to P.W.1 and in the event of her refusal to accept the amount, to pay the same to the Government.

(2.) The brief facts of the case are as follows :-

(3.) When questioned, the accused denied the charges and sought to be tried. In order to substantiate the accusation, the prosecution examined P.W.1 to P.W.9 and marked Ex.P1 to Ex.P9. On completion of the evidence tendered by the prosecution, the accused were questioned under Section 313 Cr.P.C as to the incriminating substances found in the oral and material evidence of the prosecution and the accused had come out with the version of total denial. However, no witness was examined on the side of the defence and no document was marked.