ARUMUGHAM Vs. STATE

JUDGEMENT

(1.) This appeal has been filed as against the judgment passed by the learned Assistant Sessions Judge, Vellore in S.C.No.160 of 2001 dated 06.02.2006, by which, the appellant was convicted for the offence under sections 454 and 376 IPC and sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs.1,000/-, in default, to undergo four months rigorous imprisonment for the offence under section 454 IPC and sentenced to undergo 7 years rigorous imprisonment and to pay a fine of Rs.5,000/-, in default, to undergo one year rigorous imprisonment for the offence under section 376 IPC.

(2.) The facts leading to this appeal are briefly stated as follows:

(3.) Mr.Parthiban, learned counsel appearing for the appellant has submitted that the evidence of P.W.1 clearly indicated that she was a major at the time of occurrence and further she had sexual relationship with the accused/appellant on several occasions even prior to the occurrence. Learned counsel also pointed out that it is not a case of the prosecution that the accused had sexual relationship with the victim girl on a false promise of marriage. Learned counsel, pointing out to the age of the victim girl who was 19 years on the date of occurrence and the fact that the prosecutrix was a consenting party, would submit that the accused ought to have been acquitted on that basis.