NEELAKANDAN Vs. STATE

JUDGEMENT

(1.) Challenge in this Criminal Appeal is to the conviction and sentence dated 02.04.2008 passed in Sessions Case No.351 of 2007 by the District and Sessions Court (Mahila Court) Cuddalore.

(2.) The sum and substance of the case of the prosecution is that the first accused by name Neelakandan is the son of the accused Nos.2 and 3. The first accused and the prosecutrix have loved each other and even without her consent, the first accused has raped her. Further, the first accused has promised to marry her and subsequently refused to keep up his promise. The accused 2 and 3 have directed the prosecutrix to abort pregnancy of the prosecutrix and also threatened her. Under the said circumstances, the prosecutrix has given a complaint and the same has been registered by the Investigating Officer viz., P.W.10 in Crime No.2/2007. The complaint alleged to have been given by the prosecutrix is marked as Ex.P.6.

(3.) On receipt of Ex.P.6, P.W.10-Investigating Officer has taken up investigation and also made arrangements to conduct Potential Test to the first accused and accordingly doctor Saravanakumar (P.W.2) has done potential test to the first accused. Likewise, doctor Vijay Ananda Thanbaiyah (P.W.3) has examined the prosecutrix and after completing investigation, P.W.10 has laid the final report on the file of Judicial Magistrate Court No.2, Vridhachalam and the same has been taken on file in P.R.C.No.29/2007.