VETRIVEL Vs. STATE

JUDGEMENT

(1.) APPELLANT is the Accused in S. C. No. 170 of 2002 on the file of II Additional Assistant Sessions Judge, Villupuram. By the Judgment dated 07. 02. 2003, the II Additional Assistant Sessions Judge, Villupuram has convicted the Appellant / Accused for the offence under S. 376 I. P. C. and sentenced him to undergo Rigorous Imprisonment for a period of Ten Years and also imposed fine of Rs. 5,000/-; in default to undergo Rigorous Imprisonment for a further period of three months.

(2.) P. W. 2 - Vijayalakshmi is the daughter of P. W. 1 (Karpagam) and P. W. 3 (Pavadai ). Case of prosecution is that P. W. 2 - Vijayalakshymi was aged 16-18 years at the time of occurrence. On 19. 11. 2001 - 2. 30 - 3. 00 p. m. , P. W. 2 was grazing the Cattle near Kalinchikuppam. At that time, the accused closed her mouth and had forcibly taken her to the nearby Sugarcane filed and had Sexual Intercourse with her and thereby committed Rape on her. P. W. 2 - Vijayalakshmi complained the act of the accused to her father P. W. 3 - Pavadai.

(3.) REGISTRATION of case and Investigation. P. W. 1 (Karpagam) - mother of P. W. 2 went to Valavanur Police Station along with P. W. 4 - Azhagunathan (Uncle of P. W. 2) and lodged Ex. P. 1 - Complaint on 21. 11. 2001 - 9. 00 a. m. On the basis of Ex. P. 1 - Complaint, P. W. 9 - Sub Inspector of Police had registered the case in Crime No. 654 of 2001 under S. 376 I. P. C. under Ex. P. 7 - First Information Report. Clothes of P. W. 2 - Vijayalakshmi (M. Os. 1 to 3) were seized under Ex. P. 2 - Form 95. P. W. 2 was sent to Villupuram Government Hospital through P. W. 5 - Woman Head Constable for Medical Examination.