M.SELVAKUMAR Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The conviction and sentence dated 31.7.2012 in S.C. No. 149 of 2009 passed by the Learned Sessions Judge/Mahila Court, Madurai are now under challenge in the present Appeal filed by the appellant/accused. The appellant/accused was found guilty by the Trial Court for the offence under Section 417 of I.P.C. and was awarded with the punishment of six months Rigorous Imprisonment and was also directed to pay a fine of Rs. 1,000/-, in default of payment of fine, he was directed to undergo default sentence of one month Simple Imprisonment. The period of sentence already undergone by the appellant/accused was directed to be set off as per Section 428 of Cr.P.C. However, the appellant/accused was acquitted in respect of charge for the offence under Section 376 of I.P.C. as per Section 235(1) of Cr.P.C.

(2.) The case of the prosecution is that the appellant/accused with a criminal intention to have cohabitation with the victim girl viz., Muthurani, when she was alone in the house by uttering luring words also gave purchased eatables and cheated her by forcefully indulging in intercourse with her. When this fact was known to the parents of Muthurani, panchayat was conducted and at that time, the appellant/accused informed that he got married to one Ruby of Palamedu. Therefore, the Inspector of Police, Thirumangalam All Women Police Station, after completing the investigation, laid a charge sheet against the appellant/accused for the offences under Sections 417 and 376 of I.P.C.

(3.) On the basis of the accusation levelled against the appellant/accused, the Trial Court framed necessary charges for the offences under Sections 417 and 376 of I.P.C. and the same were read over and explained to him. The appellant/accused denied the charges framed against him and demanded a trial.