JAMBULINGAM Vs. STATE

JUDGEMENT

(1.) APPELLANT is the accused in S. C. No. 146 of 1996. By the judgment dated 18. 09. 1997, the XIII Assistant Sessions Judge, Madras has convicted the APPELLANT / Accused under S. 376 I. P. C. for committing Rape on the victim girl and sentenced him to suffer Rigorous Imprisonment for seven years.

(2.) CASE of prosecution could briefly be stated thus:-P. W. 1 - Anitha is the daughter of P. W. 2 - Nirmala. On 28. 05. 1994 - 8. 30 a. m. , p. W. 1 went to play near her Paternal Uncle's house along with P. W. 3 - Praveen kumar, which is situated in the same Street. The accused is residing in Door no. 10, II Street , ekanthipuram. The accused enticed P. W. 1 - Anitha to come to the Upstairs by showing her Chocolate. Believing his words, P. W. 1 went to Upstairs. P. W. 1 was made to lie on M. O. 2 - Mat. The accused removed his clothes and lied down on p. W. 1 and penetrated his male organ into the private part of P. W. 1. Within short time, P. W. 2 - Nirmala, mother of P. W. 1 went to the Upstairs and found the accused lying on P. W. 1. When P. W. 2 questioned the conduct of the accused, the accused pushed down P. W. 2 and tied his Lungi (M. O. 3) and ran away. P. W. 1 narrated the occurrence to her mother P. W. 2. Husband of P. W. 2 was not available in the house. He came back only in the evening. After his return, P. W. 2 informed him about the occurrence. Thereafter, they proceeded to lodge the complaint.

(3.) SEIZED Material Objects were sent for Chemical analysis. Human Blood was detected in M. O. 1 - Frock of P. W. 1 and M. O. 3 - Lungi of the accused. On completion of the investigation, the accused was charge sheeted for the offence punishable under S. 376 I. P. C.