KATHIRESAN Vs. THE STATE

JUDGEMENT

(1.) This is a case of child rape. The appellant/accused is the sole accused in S.C.No.85 of 2006 on the file of the learned Sessions Judge, Magalir Neethimandram, Tirunelveli. The trial court framed two charges against the accused. He stood charged for offences under Sections 366 and 376(1) of IPC. By judgment dated 26.02.2007, the learned Sessions Judge, convicted the appellant/accused under Sections 366 and 376(1) of IPC and sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs.1000/- in default to undergo rigorous imprisonment for three months for offence under Section 366 of IPC and to undergo rigorous imprisonment for seven years and to pay a fine of Rs.1000/- in default to undergo rigorous imprisonment for three months for offence under Section 376(1) of IPC. Challenging the said conviction and sentence, the accused is now before this court with this criminal appeal.

(2.) The case of the prosecution in brief is as follows:- The victim of the alleged rape in this case is one 'X' [The name of the victim is consciously avoided]. At the time of occurrence, X was studying VI standard in a local school. Thus, she was hardly aged 11 years. P.W.1 is the father and P.W.3 is the mother of X. They were residing in a village in Tenkasi Taluk. X used to go to her school everyday on walk. The accused is also a resident of the same village. He was running a two-wheeler mechanic shop.

(3.) According to the case of the prosecution, on 25.07.2005, in the usual course, X was proceeding to her school. The accused, who came in a motor cycle, intercepted her and told her that he would take her in his motor cycle and drop her in the school. As the accused was already known to her and on few occasions in the past the accused had taken her in his motor cycle to the school, she believed his words and agreed to travel with him in the motor cycle. He took her in the motor cycle, not to the school, but to his workshop. X enquired him as to why he had brought her to his workshop. He told her that after meeting a friend who was on his way to his workshop he would take her again in his motor cycle and drove her in the school.