MANI Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed, against the judgement of conviction and sentence, dtd. 29/5/2018, made in SC.No.11 of 2014, by the Sessions Judge, Magalir Neethimandram, Tiruvallur.

(2.) In and by the impugned judgement of conviction and sentence, the Appellant/Accused was convicted and sentenced (a) for the offence under Sec. 365 of IPC to undergo Rigorous Imprisonment for seven years and to pay a fine of Rs.2,000.00, in default to undergo six months Simple Imprisonment, (b) for the offence under Sec. 367 of IPC to undergo seven years Rigorous Imprisonment and to pay a fine of Rs.2,000.00, in default to undergo six months Simple Imprisonment, (c) for the offence under Sec. 376(c)(f) of IPC to undergo life imprisonment and to pay a fine of Rs.2,000.00, in default to undergo six months Simple Imprisonment, (d) for the offence under Sec. 377 of IPC to undergo ten years Rigorous Imprisonment and to pay a fine of Rs.2,000.00, in default to undergo six months Simple Imprisonment, (e) for the offence under Sec. 323 of IPC to undergo Rigorous Imprisonment for six months, (f) for the offence under Sec. 336 of IPC to undergo Rigorous Imprisonment for three months and (g) for the offence under Sec. 506(ii) of IPC to undergo Rigorous Imprisonment for two years and and the sentences were ordered to run concurrently.

(3.) The case of the prosecution is that PW4 Kanthan and PW3 Santhiya are parents of the victim child PW1 and both of them are working. PW2 Valarmathi was the aunt of the victim child. PW2 used to bring the victim child from the school and kept her in a home till her parents return home. On 27/1/2012 at about 16.30 hours, the victim child was with her aunt PW2 Valarmathi. The victim child asked pencil from her aunt. PW2 Valarmathi has given money for the purchase of pencil. The victim child went to the shop to purchase the pencil and the shop was closed and she was standing in front of the shop. The accused came there and stated that he will give her more pencils and chocolates and took the victim child to the nearby old dilapidated condition building near Muthumariamman Temple. The accused threatened the victim and committed sexual intercourse and also committed unnatural intercourse anus of the victim child. The accused caused abrasion on the chest and back side of the victim child and also caused nail injuries on the body of the victim child.