V V PALANISAMY Vs. STATE

JUDGEMENT

(1.) APPELLANT / 1st Accused was convicted under S. 376 (1) I. P. C. for committing Rape on P. W. 2 - Nirmala by the Additional Sessions Judge / Fast Track Court No. III, Coimbatore in S. C. No. 20 of 2002 (by the Judgment dated 05. 12. 2002) and sentenced to undergo Imprisonment for seven years and also imposed fine of Rs. 10,000/-, in default to undergo Rigorous Imprisonment for a further period of one year. The Appellant / 1st Accused and co-accused - another Palanisamy were acquitted of the Charge of Kidnapping P. W. 2 Nirmala under S. 366 A I. P. C.

(2.) P. W. 2 - Nirmala is the daughter of P. W. 1 - Pujanga Gounder, who are residents of Therampalayam. At the time of occurrence, P. W. 2 was studying in Plus 2. P. W. 1's brother's son Senthilkumar married one Kalpana, who is closely related to A. 1. Hence A. 1 was nurturing grouse against the family of P. W. 1 and was proclaiming that he would kidnap the daughter of P. W. 1.

(3.) P. W. 4 - Vellingiri is the resident of Pachanallur and P. W. 5 - Sundaram is the resident of Therampalayam. On the evening of 19. 08. 1997, while P. Ws. 4 and 5 were proceeding from Therampalayam to Pachanallur, P. W. 2 - Nirmala was proceeding in front of them. At that time, Appellant / 1st accused and another person (Co-accused Palanisamy) had taken away P. W. 2 in an Ambassador Car bearing Registration No. TN 49-5067.