IMMANUVEL Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Petition is directed against the conviction and sentence imposed on the petitioner by judgment dtd. 15/9/2016 made in C.A.No.126 of 2006 on the file of the learned Fast Track Mahila Court, Nagercoil, Kanyakumari District by modifying the order of conviction dtd. 22/5/2006 made in Sessions Case No.25 of 2002 on the file of the learned III Additional Assistant Sessions Judge, Nagercoil, Kanyakumari (Trainee District Judge).

(2.) The case of the prosecution is that when the victim who was aged about 13 years was reaching home, the petitioner used to tease her. While being so on 2/9/2000 at about 06.30 p.m., when the victim was returned to her house after taking bath in the Palayar river, which is nearby to her house, the petitioner/accused intercepted her and gagged her mouth by his right hand and dragged by force to the Aundikonar Vilai Compound and committed rape on her under palm tree.

(3.) On the basis of the complaint, the respondent police registered an FIR in Crime No.495 of 2000 for the offences under Sec. 376 IPC and Sec. 4 of Eve Teasing Act 1988. The respondent police, after completing the investigation, has filed a final report and the same has been taken cognizance by the trial Court for the offence under Sec. 376 IPC and Sec. 4 of Eve Teasing Act 1988.