G.SELVAM Vs. STATE,

JUDGEMENT

(1.) This appeal is preferred challenging the judgment of the District Mahila Sessions Court, Cuddalore in S.C.No.172 of 2015, under which the learned Sessions Judge has convicted and sentenced the appellant for the offences U/s.376(2) (n), 450 and 506(i) I.P.C.

(2.) The case of the prosecution commences with Ex.P1, complaint, preferred by the prosecutrix was later examined as PW1 receiving which PW6 registered Ex.P5, F.I.R. The quintessence as disclosed in the F.I.R. is that the appellant / accused is a distant relative of the prosecutrix, that he is living in the neighbourhood, that the prosecutrix has lost her father and was living with her maternal grand mother and on 20/5/2012 the appellant entered the house of the prosecutrix and forced himself upon her and committed rape under intimidation. The prosecutrix was duly sent for medical examination and she was examined by PW4. Besides PW5, the Radiologist, took certain x-rays to ascertain the approximate age of the prosecutrix and has given in Ex.P3, age certificate, as per which the prosecutrix at the relevant time was anywhere between 20 and 22 years. It may have to be stated here that the F.I.R. was registered after the prosecutrix has begotten a child. Hence, PW7, the investigating officer has obtained a D.N.A. test report of the child. The said report was marked during trial as Ex.P8, which confirms that the child born to the prosecutrix was born to her through the appellant. Concluding her investigation, PW7 laid a final report based on which the trial Court framed necessary charges as outlined above.

(3.) Post trial, on appreciating the evidence before it, the trial Court found the appellant guilty of all the charges laid against him and sentenced as below: