LAWS(MAD)-1994-7-79

SEKAR Vs. STATE OF TAMIL NADU

Decided On July 27, 1994
SEKAR Appellant
V/S
STATE OF MADRAS Respondents

JUDGEMENT

(1.) This revision arises from the conviction and sentence imposed by the learned Additional Sessions Judge, Vellore, in C.A. No. 293 of 1990, confirming the conviction and sentence imposed by the learned Assistant Sessions Judge, Thiruvannamalai, in S.C. No. 91 of 1990 for the offence under Sec. 376, Indian Penal Code to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 3,000.

(2.) The revision petitioner herein was originally charged before the learned Assistant Sessions Judge, Thiruvannamalai, for the offences under Secs.376 and 493, Indian Penal Code, but he having been acquitted for the offence under Sec. 493 Indian Penal Code, was convicted and sentenced by both the courts below for the offence under Sec. 376, Indian Penal Code.

(3.) The prosecution case is that this revision petitioner raped P.W. I in May, 1989 under threat and was continuing the sexual assault under promise of marrying her but when she became pregnant, he denied his access to her.