RAMAN Vs. STATE

JUDGEMENT

(1.) THE accused, who has been convicted by the Assistant Sessions Judge, Devakottai, in S.C. No. 145 of 1980 for offences under Sections 493 and 376, I.P.C. and sentenced to undergo imprisonment for a period of three years and a fine of Rs. 100/ - for each of the offences, which conviction and sentence had been confirmed by the Sessions Judge, Ramanathapuram at Madurai in C.A. No. 84 of 1986 has filed Crl. R.C. No. 182 of 1986 has filed this appeal challenging the conviction and sentence. When the revision was admitted, the court suo motu issued notice for enhancement of the sentence and Crl. R.C. No. 384 of 1987 is for enhancement of the sentence on the accused.

(2.) THE charge against the Petitioner is that about six months prior to 12 -9 -1984, he had sexual intercourse with P.W.1, aged about 15, promising to marry her, that she conceived and later, the Petitioner refused to marry her and instead, married some -one else, and had thus committed offences punishable under Sections 493 and 376, I.P.C.

(3.) P .W.5, the medical officer attached to the Government Rajaji Hospital, Madurai clinically examined P.W.1 and ascertained her age to be 16. She also physically examined P.W.1 and issued Ex.P.2 certificate. She found hymen ruptured. P.W.1's physical condition showed that she had sexual intercourse, but her uterus was normal and at that stage, she could not offer any definite opinion as to whether P.W.1 was pregnant or not.