RAMU Vs. STATE

JUDGEMENT

(1.) The conviction and sentence dated 19.3.2008, passed in Sessions Case No. 118 of 2007, by the Assistant Sessions Court, Cheyyar, Tiruvanamalai District, are being challenged in the present Criminal Appeal. The case of the prosecution is that on 10.3.2007 at about 5.30 p.m. the prosecutrix has gone to the house of the accused for seeing television and at that time, the accused has vulnerably raped the prosecutrix and after the occurrence, her father by name Perumal, as defacto-complainant has given a complaint and the same has been registered in Cr. No. 2 of 2007. The Complaint and the same has been registered in Cr. No. 2. of 2007. The complaint given by the defacto-complainer has been marked as Ex. p. 1.

(2.) On receipt of Ex. p. 1 the investigating officer, viz., P.W. 12 has conducted investigation, examined the connected witnesses and also made arrangements to conduct medical examination both to the prosecutrix and to the accused and after completing the investigation, he has laid final report on the file of judicial magistrate No. 1 Cheyyar and the same has been taken on file in P.R.C. No. 7 of 2007.

(3.) The Judicial Magistrate No. I, Cheyyar after considering the facts that the offence, alleged to have been committed by the accused, is triable by the Sessions Court, has committed the case to the court of sessions, Tiruvannamalai Division and the same has been taken on file in S. No. 118 of 2007 and subsequently, transferred to the file of the trial Court.