BALAMURUGAN Vs. STATE

JUDGEMENT

(1.) THE petitioner is the sole accused in S.C. No. 50 of 2003 on the file of the learned Chief Judicial Magistrate, Perambalur. After conclusion of trial, the learned Chief Judicial Magistrate, Perambalur found the petitioner guilty of the offences punishable under Section 376 of Indian Penal Code and convicted and sentenced him to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.1,000/ -, in default to undergo rigorous imprisonment for a period of three months. The appeal filed by the petitioner thereagainst was dismissed by a Judgment dated 21.10.2005 made in Crl.Appeal No.5 of 2004 on the file of Sessions Judge, Perambalur. The present Criminal Revision Case is filed challenging the concurrent judgment of the courts below.

(2.) THE case of the prosecution is that the victim, PW1, is the daughter of PWs 2 and 3. At the time of occurrence, PW1 was studying in VI Standard. PWs 2 and 3 are having their own agricultural land in which they have raised corn crops. The accused is related to PWs 1 to 3. The accused is also residing in the same Village. On 04.11.2002, at about 4.00 p.m. as per the instructions given by PWs 2 and 3, PW1 went to the agricultural field and she was followed by the accused. PW1 alleged to have instructed the accused not to follow her. Inspite of the same, the accused bodily lifted PW1 and taken her to an isolated field in the corn crop where he committed rape on her. As PW1 did not return home even after sunset, PWs 2 and 3 went to the corn field by holding a torch light and on noticing the same, the accused ran away from the scene of occurrence. Before leaving the scene of occurrence, the accused alleged to have threatened PW1 not to disclose the incident to any one. Therefore, PW1 did not disclose it to her parents, PWs 2 and 3. However, the next day, PW1 alleged to have informed the commission of rape by the accused on her. Immediately, PWs 2 and 3 have informed the same to PW5, PW6, PW7, one Arulmozhi @ Manisekar and Ramar of the same Village. On such complaint, a Panchayat was convened, as per the prevailing custom in the Village. However, the accused did not participate in the panchayat and it was informed that the accused was absconding. Thereafter, on 20.11.2002, the complaint, Ex.P1 was given to the respondent police and it was received by PW -13, Sub -Inspector of Police. On the basis of such complaint, first information report was registered on 20.11.2002, under Ex.P10. On the next day, PW14, Inspector of Police commenced investigation and prepared a observation mahazar. On 21.11.2002, the accused was arrested and he was subjected to medical test and a report thereof was obtained on 25.11.2002 under Ex.P8. PW1 was also subjected to medical test and a report thereof was obtained on 30.11.2002 under Ex.P6. PW14, the investigation officer also obtained a certificate from the School where PW1 studied to certify her age and it was marked as Ex.P9. PW14 also recorded the statement of the witnesses and laid the charge sheet before the trial court.

(3.) DURING the course of trial, on behalf of the prosecution, PWs 1 to 15 were examined and Exs. P1 to P14 were marked. The trial court, on conclusion of trial, convicted the petitioner/accused for the offence punishable under Section 376 of IPC and sentenced him to undergo rigorous imprisonment for a period of 7 years with fine. Such conviction and sentence imposed on the petitioner was confirmed by the appellate Court on appeal filed by the petitioner.