SARATHBABU Vs. STATE

JUDGEMENT

(1.) The petitioner was prosecuted for the offence punishable under Section 417 and 376 of IPC and on completion of trial, the trial court convicted him for the offences under Section 417 and 376 IPC and sentenced him to undergo one year Rigorous Imprisonment and to pay a fine of Rs.1,000/- and in default to undergo 3 months Rigorous Imprisonment for the offence under Section 417 IPC and sentenced him to undergo 7 years Rigorous Imprisonment and to pay a fine of Rs.7,000/- in default to undergo 2 years Rigorous imprisonment for the offence under Section 376 IPC. Aggrieved by the conviction and sentence imposed by the trial court, the petitioner filed Criminal Appeal in C.A.No 33 of 2010 before the appellate Court and the appellant court confirmed the conviction and modified the sentence of Rigorous Imprisonment to Simple Imprisonment by the Appellate Court on 13.07.2010. As against the same, the petitioner has come forward with the present Criminal Revision.

(2.) The case of the prosecution is that the accused and the victim are lovers and and by giving false promise to marry her, had sexual intercourse with her on several occasions and she became pregnant and she also gave birth to a child viz., Akash. Thereafter, when she asked him to marry, he refused and threatened her in dire consequences. Therefore, PW1 gave a complaint, based on which the case in Crime No.309 of 2009 came to be registered against the accused for the offences punishable under Section 417 and 376 of IPC

(3.) During the course of trial, on behalf of the prosecution, PWs 1 to 11 were examined and Exs. P1 to P10 were marked. On behalf of the accused no documentary evidence were marked or witnesses were examined. On conclusion of trial and upon analysis of the oral and documentary evidence, the Trial Court convicted the accused. The appeal filed by the petitioner before the appellate Court. In the appeal, the appellate court also confirmed the conviction made by the Trial Court and modified the sentence of Rigorous Imprisonment to Simple Imprisonment. Against which, the present revision has been filed.