KARTHICK THEODRE Vs. STATE

JUDGEMENT

(1.) The sole accused Karthick Theodre was tried for offences under Section 417 and 376 IPC in S.C.No.202/2009 by the Sessions Court [Mahila Court] Tiruchirappalli and was convicted for the offence under Section 376 IPC by judgment dated 29.09.2011 and sentenced to undergo 7 years Rigorous Imprisonment and pay a fine of Rs.5,000/- and in default to undergo Simple Imprisonment for six months. Challenging the said conviction and sentence, he has preferred this appeal before this Court.

(2.) The dramatis personae in this case is the prosecutrix. P.W.1 is admittedly a girl born in New Delhi and who had her education in India and Australia, where her father [P.W.2] was running a restaurant. She settled down in Sydney, Australia some time in 2003 and came into contact with the accused, who is also an Indian citizen of Tamil origin, but employed in Sydney, Australia. They seem to have fallen in love some time in 2006-07 and they had their betrothal in Sydney on 07.09.2007. Thereafter, they decided to have their wedding on 19.12.2007 and hence on 09.11.2007 they notified the Registry of Birth, Deaths and Marriages as required under the Australian Laws. They perhaps did not have patience to wait till 19.12.2007 and they started living together even prior to their marriage. The wedding did not take place on 19.12.2007 and after a gap of about 2 years, the accused came to Chennai for marrying one Immaculate Leno in Trichy.

(3.) Heard the learned counsel for the appellant and the learned Government Advocate [crl.side].