PONSEKAR Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.63 of 2004, on the file of the Court of II Additional Sessions Judge, Tirunelveli and he was charged for the commission of the offences under Sections 376 and 506(i) I.P.C. and under Section 3(2)(V) of the SC/ST(Prevention of Atrocities) Act. The trial Court, after full- fledged trial, found him not guilty for the commission of the offence under Section 506(i) IPC and 376 IPC and 3(2)(V) of the SC/ST(Prevention of Atrocities) Act, however, found him guilty for the commission of offences under Sections 376 r/w 511 I.P.C., and vide impugned judgment dated 07.05.2007, it has sentenced him to undergo rigorous imprisonment for a period of 7 years and also to pay a fine of Rs.5,000/-, in default, to undergo simple imprisonment for a period of 1-1/2 years. The trial Court has also set off the period of detention already undergone by the appellant/accused during the trial or inquiry under Section 428 of the Code of Criminal Procedure. The appellant/accused, aggrieved by the conviction and sentence, passed in the judgment dated 07.05.2007, made in S.C.No.63 of 2004, by the Court of II Additional Sessions Judge, Tirunelveli, has filed this Criminal Appeal.

(2.) The facts of the case leading to the filing of this Criminal Appeal are stated as follows:

(3.) Mr.S.R.A.Ramachandran, learned Counsel for the appellant/accused made the following submissions: