KARUPPAN ALIAS KARUPPUSAMY Vs. STATE

JUDGEMENT

(1.) APPELLANT is the Accused in S. C. No. 301 of 2002 on the file of Sessions Judge / Magalir Neethimandram, Coimbatore Division. By the Judgment dated 27. 01. 2003, the Presiding Officer of Magalir Neethimandram convicted the Appellant / Accused for the offence under S. 376 I. P. C. and sentenced him to undergo Rigorous Imprisonment for Seven years and imposed fine of Rs. 25,000/-; in default to undergo Simple Imprisonment for a further period of one year. Out of the fine amount of Rs. 25,000/-, a sum of Rs. 15,000/- was ordered payable to Victim / P. W. 1 - Manjula as compensation under S. 357 Crl. P. C.

(2.) CASE of prosecution is that P. W. 1 - Manjula is unmarried and is residing with her parents in Goundapalayam. At the time of occurrence, she came to her Elder Sister's house at Rangapalayam as a guest. On the date of occurrence - 29. 03. 1999 - 5. 00 p. m. , when P. W. 1 was attending the calls of nature in Pallam, the accused came from her behind, pulled her hand and forcibly removed her dresses and pushed her down. The accused removing his Trouser, laid on P. W. 1 and had Sexual Intercourse with her thereby committed Rape on her.

(3.) P. W. 2 - Saraswathi and her mother P. W. 6 - Jayakodi, who also went to Pallam for attending the nature's call saw P. W. 1 and the accused without any dresses and the accused embracing P. W. 1. When P. W. 1 went back, the accused ran back after her saying that some how he would do the same. P. W. 1 returned back to her Sister's house and informed her Sister and Brother-in-law about the occurrence. The family members deliberated upon the same whether to inform the Police or not.