KUMAR Vs. STATE

JUDGEMENT

(1.) The convictions and sentences dated 07.12.2006 passed in Special Sessions Case No.5 of 2006 by the Principal District and Sessions Court, Vellore are being challenged in the present criminal appeal.

(2.) The sum and substance of the case of the prosecution is that the prosecutrix belongs to Scheduled Caste, whereas, the accused belongs to Most Backward Community. On 17.06.2005, at about 6.00 a.m., near Motor Pumpset of the accused, in Vadakandigai Village, the accused has tried to rape the prosecutrix. After occurrence, the prosecutrix herself has given a complaint and the same has been registered in Crime No.127 of 2005. The complaint alleged to have been given by the prosecutrix has been marked as Ex.P.1.

(3.) On receipt of Ex.P.1, the Investigating Officer, viz.,P.W.12, has taken up investigation, examined connected witnesses and also made arrangements to conduct medical examination to the prosecutrix. After his transfer, his successor in office, viz., P.W.14, has conducted further investigation and after completing the same, laid a final report on the file of Judicial Magistrate Court, Arakkonam and the same has been taken on file in P.R.C.No.44/2005.