A. THANGAPANDI Vs. STATE

JUDGEMENT

(1.) THIS appeal is filed against the judgment of conviction and sentence passed by the learned Sessions Judge, Mahila Court, Chennai, in S.C. No.153 of 2013 dated 07.05.2014 whereby the appellant/ accused was convicted under Sections 376 and 417 IPC and sentenced to undergo 10 years rigorous imprisonment and to pay a fine of Rs.10,000/ -, in default, to undergo six months imprisonment for the offence under section 376 IPC and sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs.1000/ -, in default, to undergo 1 month simple imprisonment for the offence under section 417 IPC and the sentences are directed to run concurrently.

(2.) THE case of the prosecution is briefly stated as under:

(3.) FROM the evidence of the victim girl it is seen the she had love affair with the accused for the past four years and she was a major at the time of occurrence. The victim girl did not make any protest or tried to escape from the accused at the time of sexual intercourse and it is only a consensual act. Therefore, the offence under section 376 is not attracted.