K RAJESH Vs. STATE

JUDGEMENT

(1.) THIS revision has been filed against the judgment passed by the learned Sessions Judge, Nagapattinam in Criminal Appeal No.51 of 2006 dated 10.01.2011 confirming the judgment passed by the learned Principal Assistant Sessions Judge, Mayiladuthurai in S.C.No.153 of 2005 dated 27.03.2006.

(2.) THE learned Principal Assistant Sessions Judge, Mayiladuthurai convicted the accused for offence punishable under Sections 341 and 376 I.P.C. and sentenced him to undergo one month simple imprisonment for offence punishable under Section 341 I.P.C. and to undergo seven years rigorous imprisonment and to pay a fine of Rs.1,000/- in default to undergo three months rigorous imprisonment for offence punishable under Section 376 I.P.C. and ordered both the sentences to run concurrently.

(3.) THE learned Government Advocate (Criminal Side) would bring out that the victim was a 8th standard school student. According to the school records, her date of birth is 10.07.1989. The occurrence took place on 12.08.2004. She was only aged 15 years. The Headmaster was examined as P.W.4. Therefore, she was a minor at the time of the occurrence. Even as per the opinion of the Radiologist who was examined as P.W.6, the victim was a minor but she was aged between 17 and 18 years. When the school records is clearly available and the evidence of the father of the victim is available regarding the age of the minor, there is no doubt that she was a minor at the time of occurrence. Even if there is a consent, such a consent will not absolve the liability of the revision petitioner.