VELLINGIRI Vs. STATE

JUDGEMENT

(1.) This is an appeal by the sole accused in a case of rape, wherein he stood charged, tried and found guilty under Sec. 376 of the Indian Penal Code and sentenced to undergo 7 years R.I. and to pay a fine of Rs.1,000/-, in default, to undergo 1 year R.I.

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

(3.) In order to prove the charge levelled against the appellant/accused, the prosecution examined 17 witnesses and marked 13 exhibits and 5 material objects. On completion of the evidence on the side of the prosecution the accused was questioned under Sec. 313 of Cr. P. C. as to the incriminating circumstances found in the evidence of the prosecution witnesses. 3 defence witnesses were examined, and no exhibits or material objects were marked. On consideration of the rival submissions and scrutiny of the available materials, the trial Court found the appellant/accused guilty of the charge against him under Sec. 376 of I.P.C, and sentenced him to undergo imprisonment as referred to above. Aggrieved appellant has brought forth this appeal.