UTHIRASAMY Vs. STATE AND ORS

JUDGEMENT

(1.) Challenge in this Criminal Appeal is to the conviction and sentence dated 29.12.2006 passed in S.C.No.75 of 2006 by the Additional District and Sessions Court (Fast Track Court No.4), Bhavani.

(2.) The nubble of the prosecution case is that both the prosecutrix and accused are neighbours. By way of giving false promise of marrying the prosecutrix during the festival occasion in the year 2006, the accused has had carnal copulation with the prosecutrix. The accused had abducted the prosecutrix on 26.1.2004 and thereafter, raped her without consent. After occurrence, the mother of the prosecutrix, by name Annakodi, as de facto complainant, has given a complaint to the Inspector of Police (PW12) and the same has been registered in Crime No.30 of 2004. The complaint given by the de facto complainant has been marked as Ex.P1.

(3.) On receipt of of Ex.P1, the investigating officer (PW12) has taken up the investigation, examined connected witnesses and after his transfer, his successor in office (PW13) has conducted further investigation and after completing the same, laid a final report on the file of the Judicial Magistrate Court, Bhavani and the same has been taken on file in P.R.C.No.3 of 2006.