SELLAN ALIAS ANANDA SELVAN Vs. STATE

JUDGEMENT

(1.) This is an appeal arising from the conviction of Sellan alias Ananda Selvan for offences under Sections 366 and 376 of the Indian Penal Code, by the Additional Sessions Judge, Salem.

(2.) P.W.2, Arumugham is the father of P. W. 1, Janaki. P.W. 2 was living in their field shed in Thirumalagiri with his wife and children, P. W. 1 was born on 13th February 1957, according to the evidence of P.W.2 and Ex. P. 7 and P. 9. At the time of the alleged offence, namely, 30th June 1970, P. W. 2 was studying in the IX standard P. W. 1 used to visit her grand-father at Thuthikulam, which is about a mile away from Thirumalagiri. The first accused Sellan used to follow P. W. 1 when she was away to her kadu. A month prior to the occurrence, P. W. 1 was on her way to the school, when A-1 met her under an arasu tree near her school and wanted her to marry him. She consistently objected and refused. Again A-1 promised to settle some property on her just a fortnight before the date of the occurrence and again P. W. 1 rejected the offer. One day prior to the date of occurrence, A-1 met P. W. 1 again under the same arasu tree and reiterated his request. She got afraid and went away to her grand father's house.

(3.) On 30th June 1970 (Tuesday) morning when P.W.1 was on her way to school, A-1 and his junior paternal uncle's wife, Thangammal, A-2 (who is acquitted in the Court of Sessions) met her under the arasu tree. Both A-1 and A-2 induced her to go with them for the purpose of taking a photograph. P. W. 1 refused in the first instance, but agreed to the proposal later. All the three A-1, A-2 and P.W.1 got into a bus bound for Rasipuram and alighted from the bus some distance away from the Rasipuram bus stand. All the three went to the house of certain person related to A 2. A-2 left the place saying that she had to go to bazaar, but she did not come back. P. W. 1 questioned A-1 as to what happened to A-2. A-1 replied that A-2 had gone to the village, that she would not come back and that he had brought P. W. 1 for the purpose of marrying her. She protested. She developed head ache and fever. A-1 brought some coffee and tablets and P. W. 1 took them. Both of them spent that night in that house.