KATTARI AND ORS. Vs. STATE

JUDGEMENT

(1.) THE convictions and sentences dated 30.11.2015 passed in Sessions Case No. 54 of 2005 by the Additional District and Sessions Court (Fast Track Court), Ariyalur, are being challenged in the present Criminal Appeal.

(2.) THE case of the prosecution is that the prosecutrix, by name Lalitha is the daughter of the defacto complainant, by name Senthamarai; that on 09.09.2004, at about 1.00 p.m., both of them have worked in their field. At that time, the 1st accused has approached the prosecutrix for getting water and after some time, the first accused has asked the prosecutrix to come to house along with him. The prosecutrix has conceded the request made by the 1st accused and proceeded towards house along with him and on the way, the 1st accused has taken the prosecutrix to the thatched house of one Panneer and suddenly he has given a slobber on the face of the prosecutrix and subsequently pulled her down and made arrangements to deflower her. The prosecutrix has raised a queer noise and after hearing the same, the defacto complainant has come to the place of occurrence and after seeing her, the 1st accused has threatened both the defacto complainant and prosecutrix by showing a knife to the effect that they should not divulge the matter to anybody and after occurrence, both the prosecutrix and defacto complainant have met the mother of the 1st accused (2nd accused) and complained about him. But the 2nd accused has failed to heed their complaint and also directed them to commit suicide. After occurrence, the defacto complainant has given a complaint and the same has been registered in Crime No. 379/2004. The complaint given by the defacto complainant has been marked as Ex. P.1.

(3.) THE Judicial Magistrate, Jayamkondam, after considering the fact that the offences alleged to have been committed by both the accused are triable by Sessions Court has committed the case to the court of sessions, Perambalur Division and the same has been taken on file in Sessions Case No. 54/2005 and subsequently made over to the trial court.