G BALAMURUGAN Vs. STATE

JUDGEMENT

(1.) THE Criminal Appeal is directed against the judgment of conviction and sentence passed against the appellant/A1 for the offence under Section 376 of I.P.C., dated 04.07.2011 rendered in S.C.No.68 of 2011 by the Additional Sessions Judge, Fast Track Court No.1, Thoothukudi, wherein, the appellant/A1 was convicted and sentenced to undergo seven years rigorous imprisonment and to pay compensation of Rs.50,000/ - to the prosecutrix/P.W.1 under Section 357(3) of Cr.P.C. in default to undergo one year rigorous imprisonment.

(2.) THE case of prosecution briefly is as follows:

(3.) THE learned trial Judge, after following the procedures, framed necessary charges against the accused. Since the accused denied the same in toto and pleaded not guilty, to prove the charges, P.Ws.1 to 16 were examined and Exs.P.1 to 10 were marked on the side of the prosecution. On completion of the examination of witnesses on the side of the prosecution, the accused was questioned under Section 313 of Cr.P.C., as to the incriminating circumstances found in the evidence of the prosecution witnesses and he denied them as false. No witness was examined on the side of the defence.