C MURALI Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Appeal is filed against the judgment dated 18.08.2014 in S.C.No.19 of 2014 on the file of the Magalir Needhimandram, Fast Track Mahila Court, Tiruppur, in and by which, the appellant/accused was convicted for the offence under Section 376(1) IPC and sentenced to undergo seven years rigorous imprisonment and to pay fine of Rs.500/-, in default, to undergo one month simple imprisonment. The trial Court acquitted the appellant/accused of the charge under Section 366-A IPC.

(2.) The case of the prosecution leading to conviction of the appellant/accused is as follows:

(3.) Learned counsel for the appellant/accused submitted that when the trial Court acquitted the appellant/accused in respect of the offence under Section 366-A IPC, it ought to have acquitted him in respect of the offence under Section 376(1) IPC also. Learned counsel further submitted that P.W.5 Doctor who examined the appellant/accused, stated that no evidence could be found to show that the appellant/accused had sexual intercourse recently. But, according to the case of the prosecution, the appellant has committed rape without the consent of P.W.3 victim girl. Though P.W.6 Doctor who examined P.W.3 victim girl, stated in her evidence that there is symptom of sexual intercourse, but, there is no evidence to prove the same. Without considering all the above aspects, the trial Court convicted the appellant/accused. Learned counsel therefore prayed for allowing the appeal by acquitting the appellant/accused. In support of his submissions, learned counsel for the appellant/accused relied on the following decisions: