SEKHAR Vs. STATE

JUDGEMENT

(1.) THE appellant calls in question the legality of the conviction and sentence passed in Sessions Case No.17 of 2000 dated 31/12/2001 by THE Additional District Court-cum-Fast Track Court, Pudukottai.

(2.) THE epitome of the prosecution case can be stated like thus:- P.W.1 Arivikannu is a resident of Poiyamaniseethapatti and her husband by name Palaniappan is doing coolie work and he used to go to outside for doing the same. P.W.1 is having three children (two daughters and one son). THE name of the eldest daughter is Meenakshi. On 29/9/1997, at about 3.00 p.m., the victim was playing near School. THE accused had taken the victim to his house. After sometime, the accused had thrusted his private part into the private part of victim. THE victim had raised hue and cry. P.W.1 had gone there and the accused had scampered from the place of occurrence. Next day, at about 9.00 a.m., P.W.1 had given a complaint to the Police Station and the same had been marked as Ex.P.1.

(3.) WHEN the accused had been questioned under Section 313 of the Code of Criminal Procedure, as respects the incriminating circumstances appearing in evidence against him, he denied his complicity in the crime. No oral and documentary evidence had been adduced on the side of the accused.