THEERTHAGIRI AND ORS. Vs. STATE

JUDGEMENT

(1.) In the present case, an inamorato, after a long span of time, has been brought under penumbra of law and forced to face a criminal trial.

(2.) The contraction of the case of the prosecution is, both the prosecutrix and first accused are living in Ellapudaiyampatti Village. In the year 2002, on Chithra Pournami day (Full Moon day in the Tamil month of Chithirai (in the month of April and May)) at about 9:00p.m., the first accused has directed the prosecutrix to come to a Mango grove and uttered attractive words and thereby, promised to marry her and subsequently, without her consent, has deflowered her. Due to his overt acts, the prosecutrix has become pregnant. The first accused has firmly refused to marry her. On 01-05-2004, at about 7:30 p.m., in the same Village, near Mariamman Temple, the accused Nos.2 and 3 have threatened the prosecutrix by way of saying that they would abort her pregnancy. On the same day, the prosecutrix has given a complaint to the Inspector of Police, registered in Crime No.12 of 2004. The complaint given by the prosecutrix has been marked in Ex-P4.

(3.) On receipt of Ex-P4, the Investigating Officer viz., P.W.9 has taken up investigation, examined connected witnesses and also made arrangements to conduct potential test to the first accused and accordingly, Dr.Ravishankar (P.W.4) has conducted the same; the prosecutrix has been examined by Dr. Malarvizhi (P.W.1). After completing investigation, P.W.9 has laid a final report on the file of the Judicial Magistrate, Harur and the same has been taken on file in P.R.C.No.8 of 2005.