P SEERANGAN Vs. STATE

JUDGEMENT

(1.) The appellant, who is aged about 50 years, is the sole accused in S.C.No.126 of 2014, on the file of the learned District and Sessions Judge, Fast Track Court (Mahila Court), Erode. He stood charged for the offence under Section 376 (1) IPC., By judgment, dated 31.03.2016, the trial court convicted him under Section 376 (1) IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.10,000/-, in default, to undergo simple imprisonment for two years. Challenging the said conviction and sentence, the appellant is before this Court with this appeal.

(2.) The case of the prosecution, in brief, is as follows:-

(3.) On 23.09.2009, at about 07.00 am, P.W.8 complained of ill-health. Therefore, P.W.1 took her to the Government Hospital at Kuruvareddiyur. They were accompanied by their mother and another sister. On examination, at the hospital, it came to light that P.W.8 was eight months pregnant. Therefore, they brought P.W.8 back to their house. When they enquired P.W.8 about the pregnancy, P.W.8 was unable to realise as to what had happened to her. After three days, by means of signs and gestures, she told that it was the accused, who had sexual intercourse with her, by force. Thereafter, P.W.1 told the same to the villagers. The villagers convened a Panchayat and tried to persuade the accused to accept the fatherhood for the child in the womb and to marry P.W.8. The accused was evasive for sometime and finally refused to marry. Therefore, the villagers advised P.W.1 to make a complaint to the police. Accordingly, on 02.10.2009, at about 04.30 pm, he went to the Vellithiruppur Police Station, Erode District, and made a complaint under Ex.P-1. P.W.7, the then Sub-Inspector of Police, on receipt of the said complaint, registered a case in Crime No.149 of 2009 under Section 376 IPC against the accused. Ex.P-3 is the First Information Report. He forwarded both the documents to the Court, which were received by the learned Magistrate at 10.00 pm on the same day.