SANKAR Vs. STATE

JUDGEMENT

(1.) APPELLANT is the Accused in S. C. No. 325 of 2001 on the file of Assistant Sessions Judge, Madhuranthakam. By the Judgment dated 17. 12. 2002, the Assistant Sessions Judge, Madhuranthakam has convicted the Appellant / Accused for the offence under S. 376 (2) (f) I. P. C. and sentenced him to undergo Rigorous Imprisonment for a period of Ten Years and also imposed fine of Rs. 1,000/-; in default to undergo Simple Imprisonment for a further period of one month.

(2.) P. W. 1 - Srimathi is the daughter of P. W. 3 - Shanthi and one Devaraj. P. W. 2 - Chitra is the Classmate and close friend of P. W. 1. Case of prosecution is that P. W. 1, aged 10 - 12 Years at the time of occurrence, was studying in VI Standard. On the date of occurrence - 14. 08. 1998 - 5. 00 p. m. , P. W. 1 along with her younger sister - Deepalakshi and P. W. 2 went to Thailathope for plucking flowers. At that time, the accused came there and called her to accompany him to the nearby Palm-grove saying that he would give her Palm fruits. Believing the same, P. W. 1 went along with the accused. The accused removing his Trouser and Skirt of P. W. 1, made P. W. 1 to lie down and the accused laid upon her. When P. W. 1 shouted, the accused beat her and had forcible Sexual Intercourse with her. P. W. 1 raised alarm. On hearing the alarm of P. W. 1, P. W. 2 - Chitra, P. W. 3 - Mother of P. W. 1 and her younger sister came to the scene of occurrence. On seeing them, the accused had run away. P. W. 1 narrated the occurrence to her mother - P. W. 3.

(3.) REGISTRATION of case and Investigation. P. W. 1 - Srimathi along with the Villagers went to Chithamor Police Station and lodged Ex. P. 1 - Complaint on 14. 08. 1998 - 7. 00 p. m. On the basis of Ex. P. 1 - Complaint, P. W. 11 - Sub Inspector of Police had registered the case in Crime No. 295 of 1998 under Ss. 376 and 511 I. P. C. Clothes of P. W. 1 - Srimathi (M. O. 1 series) were seized in the presence of P. W. 4 - Shanmugam and one Kannan. P. W. 1 was sent to Madhuranthakam Government Hospital through P. W. 9 - Head Constable for Medical Examination.