R. SARAVANAN Vs. STATE

JUDGEMENT

(1.) THE appellant is the accused in S.C.No. 44/2006 on the file of the Additional District and Sessions Judge, Dharapuram. The appellant was charge sheeted for an offence under Section 366 IPC and after trial, he was convicted for the offence under Section 363 IPC and sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs.1,000/ -, in default, to undergo six months rigorous imprisonment. Aggrieved by the same, this Appeal is filed.

(2.) THE case of the prosecution is that on 19.8.2005 when the victim PW.5 was going near Karmal Matriculation School at Karur road, near Kangeyam, the appellant approached her and told her that he would marry her and by force and against her wish, he took the victim girl to his friend's house at Karungalapalayam, Erode and kept her and on 30.8.2005, the victim girl was rescued by the police on the basis of a complaint given by PW.1 and therefore, the appellant has committed the offence under Section 366 IPC.

(3.) THE learned Additional District and Sessions Judge held that the prosecution failed to prove the offence punishable under Section 366 IPC against the appellant beyond reasonable doubt but the appellant has committed offence under Section 363 IPC and sentenced him to undergo three years rigorous imprisonment as stated above.