SARAVANAN Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed to set aside the conviction and sentence imposed on the appellant herein in S.No.75 of 2015 vide judgement dtd. 1/11/2016, passed by the learned District Sessions Judge, Dharmapuri, Dharmapuri District and acquit the appellant from all charges.

(2.) On 22/12/2013, when P.W.12 was on duty at Pennagaram Police Station, Dharmapuri District, P.W.1 appeared before her and lodged a complaint to the effect that she is a staff nurse working in a hospital. She got acquainted with the accused. On 20/11/2013, her parents have gone away and on the said night, the accused came to her home and promised to marry her and against her will by forcing her had physical intercourse. Thereafter, the accused went to Hosur for employment promising to return back after a month, but he did not come back and upon contacting him by phone, he refused to marry her. Hence, the complaint.

(3.) On the strength of the said complaint, a case in Crime No.387 of 2013 was registered for the offences under Ss. 417, 376 IPC read with Sec. 3(1) (xii) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ST Act' in short). P.W.14, thereafter took up the case for investigation and laid a charge sheet proposing the accused guilty of the offences under Ss. 417, 376 IPC and 3(1) (xii) of the SC/ST Act. The case was taken on file as P.R.C.No.8 of 2015 by the learned District Munsif Cum Judicial Magistrate, Pennagaram. After appearance of the accused and furnishing of copies, the case was committed to the learned District and Sessions Judge, Dharmapuri, where upon the matter was taken on file as S.C.No.75 of 2015. On 10/8/2015, three charges as mentioned above under Sec. 417, 376 IPC and Sec. 3(1) (xii) of the SC/ST Act were framed and upon being questioned, the accused denied the charges and stood trial.