IQBAL Vs. STATE

JUDGEMENT

(1.) IN the present case, an incipient of 18 years' old damsel under the influence of fake sorcery, has been frequently deflowered by the accused, who has attained the age of 44 and also father of two daughters.

(2.) THE schema of the case of the prosecution is that the prosecutrix along with other family members has resided in Door No. 10, Thullukanam Garden, Dr. Natesan Road, Chennai - 5. The father of the prosecutrix has been suffering from cecity, whereas her mother has worked in Kuwait during the relevant period. The accused has resided in a portion of the said house by way of posing himself as an Astrologer. Since the mother of the prosecutrix has served in Kuwait, during May 2004, the accused used to interact with the prosecutrix on her way to Printing Press work. The accused has used to say that the prosecutrix is having devil effect in her body and her mother is having a cobra on her head and due to that, he directed the prosecutrix to come to his portion for the purpose of removing those defects and accordingly, the prosecutrix has gone to his portion. The accused has applied oil on her head by way of chanting mantra and thereafter, he mixed a powder in water and asked the prosecutrix to consume the same. The prosecutrix has consumed the said powder mixed water and subsequently, she has become unconscious and thereafter, the accused has deflowered her. During the months of September and October, 2004 on New Moon days, the accused has used to deflower her and due to that, the prosecutrix has become pregnant. Further, the accused has directed the prosecutrix not to divulge anybody about her pregnancy, by way of threatening that he would make her parents ineffective. On 17 -02 -2005, the accused has taken the prosecutrix to the house of his friend, which is situate in Kannaki Nagar, Thorapakkam. On 18 -02 -2005, he has taken her to Pulianthope and on 25 -03 -2005, by making the prosecutrix unconscious, he has taken her to Nagore Dargah and subsequently, dropped her at Chennai on 26 -03 -2005. After the occurrence, the prosecutrix on 27 -03 -2005 has given a complaint and the same has been registered in Crime No. 2 of 2005. The complaint given by the prosecutrix has been marked as Ex -P1.

(3.) THE Judicial Magistrate No. 18, Saidapet after considering the facts that the offences alleged to have been committed by the accused are triable by Sessions Court, has committed the case to the Trial Court and the same has been taken on file in Sessions Case No. 65 of 2006.