PALANISAMY GOUNDER Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Petitioner, palanisamy Gounder, was convicted in S.C. 8 of 1987, on the me of the 5th AddI., Asst., Sessions Judge, Coimbatore, under section 376, I.P.C., read with Section 511, I.P.C. and sentenced to undergo rigorous imprisonment for 2-1/2 years and pay a fine of Rs. 1,500/- in default to suffer rigorous imprisonment for one more year. He was further found guilty under section 506 part II, I.P.C., (two counts) and sentenced to undergo rigorous imprisonment for one year under each count. Substantive sentence of imprisonment were directed to run concurrently.

(2.) Aggrieved petitioner challenged the substantive ability of his convictions and consequent sentences by preferring C.A. No. 77 of 1988 before the Additional Sessions Judge, Coimbatore. Appellate Court concurred with the findings of fact recorded by the learned trial Judge while observing that the facts may as well indicate rape simpliciter. However, in the opinion of the appellate Court, petitioner was liable to be convicted under section 506 part I I.P.C. and not under section 506 part II, I.P.C. Conviction was accordingly modified, but sentence of rigorous imprisonment for one year was maintained. Conviction for attempt to rape as well as sentence imposed were confirmed.

(3.) Occurrence which led to this prosecution is alleged to have taken place at or about 3 a.m., on 8.7.1985 at Kottapalayam Village, P.W. 1 Daivathal, daughter of P.W. 2 Muthusamy, is the victim. P.Ws. 1 and 2 are agricultural labourers. P.W. 1 is aged about 19 years at the time of occurrence. Petitioner is a land-lord and P.W. 1 was used to be engaged as a labourer along with several other girls in the garden land of the petitioner. Petitioner used to tense her on certain occasions, when she was so engaged as a cccli. P. W. 1 did not take such overtures, very seriously. While so, when she was sleeping on the pial of her house at 3 a.m., on 8.7.1985, petitioner, after threatening to kill her, when she raised a hue and cry, forcibly committed rape. On hearing her cries, P.W. 2 her father, P.W. 3 a neighbour and several others rushed to the scene. P.W. 2 noticed the petitioner standing near his house. When P. W. 2 questioned the petitioner, as to why he was found near his residence at that unearthly hour, petitioner offered to pay Rs. 100/- to P.W. 2 and threatend to stab him in the event of his creating a scene. P.W. 3 was trated hostile by the prosecution, since he denied knowledge about the occurrence. P.Ws. 1 and 2 complained to P.WA Palanisamy Gounder, the advised them to prefer a complaint at the police station. Soon thereafter, a complaint was lodged. Petitioner was arrested on 9.7.1985 at 3 p.m.