KUMAR ALIAS SIVAKUMAR Vs. STATE

JUDGEMENT

(1.) An appeal by the first accused in a case of rape, who along with the second accused stood charged and tried under Ss 376, 366, 506(ii), 376 read with 511 and 324 of I.P.C. and found guilty under Ss 324 and 376 of I.P.C. and sentenced to undergo 3 years R.I. and to pay a fine of Rs.500/- in default to undergo 3 months S.I. under Sec.324 of IPC and 7 years R.I. and to pay a fine of Rs.500/- in default to undergo 3 months S.I. under Sec.376 of IPC, while the second accused has been acquitted of all the charges levelled against him.

(2.) The short facts necessary for the disposal of this appeal can be stated thus:

(3.) In order to prove its case, the prosecution examined 11 witnesses and marked 18 exhibits and 5 material objects. Both the accused were questioned under Sec.313 of Cr.P.C. in respect of the incriminating circumstances found against them in the evidence adduced by the prosecution, and they flatly denied the same as false. No defence witness was examined. The trial Court, on consideration of the rival submissions and scrutiny of the materials available, recorded a conviction against the appellant/A-1 under Ss 324 and 376 of the Indian Penal Code and sentenced him to undergo the imprisonment and to pay the fine as referred to above, while the second accused was acquitted of all the charges levelled against him. Aggrieved first accused has brought forth this appeal.