S. KARUPPAIAH Vs. STATE

JUDGEMENT

(1.) The conviction and sentence dated 17-12-2014 passed in S.C.No.149 of 2012 by the Mahalir Neethi Manram, Cuddalore are being challenged in the present criminal appeal.

(2.) The case of the prosecution is that the prosecutrix by name Chinnapillai alias Jayalalitha is the daughter of the defacto complainant by name Pachaiammal. On 17-09-2010, at about 7:00p.m., the prosecutrix has gone outside to attend call of nature. At that time, the accused has intercepted her and taken her to an isolated place and subsequently, raped her. After occurrence, the defacto complainant has given a complaint and the same is registered in Crime No.436 of 2010.

(3.) On receipt of the complaint, the Investigating Officer viz., P.W.8, has taken up investigation, examined connected witnesses and made arrangements to conduct medical examination, both to the prosecutrix and accused. After transfer of P.W.8, his successor-in-office viz., P.W.9 has filed a final report on the file of the Judicial Magistrate Court, Vriddhachalam and taken on file in P.R.C.No.12 of 2012. The Judicial Magistrate, Vriddhachalam after considering the fact that the offences alleged to have been committed by the accused are triable by the Sessions Court has committed the case to the Court of Sessions, Cuddalore Division and taken on file in S.C.No.149 of 2012 and subsequently, made over to the Trial Court.