SURESH @ RASAPPAN @ SELVAN Vs. STATE AND ORS

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.13 of 2012 on the file of the learned Mahila Judge, Coimbatore. He stood charged for offences under Sections 366 and 376 (1) IPC. By judgment dated 28.11.2013, the Trial Court convicted him under both the charges and sentenced him to undergo rigorous imprisonment for 10 years and pay a fine of Rs.20,000/-, in default to undergo simple imprisonment for one year for the offence under Section 366 IPC; and to undergo imprisonment for life and to pay a fine of Rs.10,000/, (no default sentence imposed). Challenging the said conviction and sentence, the accused/appellant is before this Court with this appeal.

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

(3.) Thereafter, she was made to stay in the house of the accused. The accused went out to purchase food for her. His sister gave drinks to P.W.2. Then the accused returned from the shop with parotta. P.W.2 and the accused together had parotta. Thereafter, the accused took her to a room in the house and wanted her to sleep. Closing the door, the accused came out of the room and started sleeping outside. But P.W.2 came out of the room and wanted the accused to come inside the room and to sleep with her. She told him that it would be a protection for her. The accused entered in the room. According to P.W.2, her invitation to the accused to come inside was mistook as an invitation for sex. At last, in the room, the accused, without the consent of P.W.2 had repeated sexual intercourse with her. When she cried out of pain, his mother came and tapped the door. The accused shouted against her mother and therefore, her mother did not raise any alarm. For the whole night, he stayed with her in the room and had sexual intercourse repeatedly. The next day morning the accused took P.W.2 to the bus stop, where they had breakfast. Thereafter, in the town bus, he boarded her and informed her not to disclose the occurrence to anybody. P.W.2 then returned to her house in the morning.