C. JAYASIVA Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been directed against the conviction and sentence, dated 01-04-2015 passed in Sessions Case No.434 of 2013 by the Mahalir Neethi Manram, Chennai.

(2.) The case of the prosecution is that the prosecutrix has attained 14 years of age and is living in No.82-B, Kalyanapuram, 1st Street, Chennai. The prosecutrix has studied upto sixth standard. Both the prosecutrix and accused have acquainted themselves in workplace and due to that prior to seven months from 17-03-2012, the accused has directed the prosecutrix to come to his house and accordingly, she has gone there. The accused has given a promise of marrying her and subsequently, raped her. Due to overtacts alleged to have been committed by the accused, the prosecutrix has become pregnant. After occurrence, the mother of the prosecutrix, by name Rajalakshmi has given a complaint and the same has been registered in Crime No.301 of 2012. The complaint given by the said Rajalakshmi has been marked as Ex-P1.

(3.) On receipt of Ex-P1, the Investigating Officer viz., P.W.7, has taken up investigation, examined connected witnesses and also made arrangements for conducting medical test, both to the accused and prosecutrix and accordingly, Dr.Balasubramaniam, P.W.5 has conducted potential test to the accused and Dr. Anitavirginkumari (P.W.6) has examined the prosecutrix. Since P.W.7 has been transferred, successor-in-office viz., P.W.8 has conducted further investigation and after completing the same, laid a final report on the file of X Metropolitan Magistrate, Chennai and the same has been taken on file in P.R.C.No.130 of 2013.