SUNDARAM ALIAS BALASUNDARAM Vs. STATE

JUDGEMENT

(1.) This appeals is by the accused Sundaram alias Balasundaram who has been convicted under Section 376 I.P.C. and sentenced to undergo rigorous imprisonment for ten years.

(2.) The case against the accused is that PW 1 Nagmani was born to PW 3 Karuppusamy on 11-6-1971. She was studying in eighth standard in a school at Neelikonamapalaum. On 21-12-1985 Saturday as the school was only for half a day she came to her house at 12.30 p.m. Her father and mother had left for work. At 5.30 p.m. when she was sweeping with a broomstick in the bed room the accused who was living in the neighbouring street came into the bed-room, closed and bolted the door from inside, and threatening to kill her if she would shout he pushed her down, opened her blouse, tore the bracier and pressed her breasts and lifted her petticoat and had sexual intercourse with her. Then he got up and opening door went away. PW 1 had pain in her private part and her chest, and she was crying.

(3.) At that time PW 2 Nagarajan who was living opposite to the house of PW 1 and who was cousin brother of PW 1 came there. He saw the accused going out of that house. When he went inside the house PW 2 saw PW 1 Nagamani crying. She told him that the accused raped her. He went out to inform the parents of PW 1, but he could not find them anywhere. At 9.30 p.m. both the parents of PW 1 came to the house and PW 1 told them about the incident. They wanted a report to be given to the police. Upon that PW 1 wrote a complaint and signed it. They went to Singanallur police station and gave that complaint.