SATHISH KUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Challenge in this criminal appeal is to the conviction and sentence dated 12th day of September 2015 passed in S.C.No.167 of 2014 by the District and Sessions Court, Fast Track Mahila Court, Dharmapuri.

(2.) The contraction of the case of the prosecution is that the first accused is the son of the second and third accused. The first accused has given a false hope of marrying the prosecutrix viz.,Anu. On 10-06-2011, at about 6:00p.m., the first accused has directed the prosecutrix to come to his sugarcane field and both of them have had carnal copulation. On several occasions, both of them have continued their sexual relationship and consequently, the prosecutrix has become pregnant. After knowing her pregnancy, on 13-11-2011, the prosecutrix has tried her level best to marry the first accused. Since the first accused has refused to concede the demand of the prosecutrix, she has given a complaint on 13-11-2011 and registered in Crime No.24 of 2011 under Sections 417 and 506(i), IPC.

(3.) On the receipt of the complaint, the Investigating Officer viz.,P.W.10, has taken up investigation. On 27-02-2012, the prosecutrix has given birth to a female child. The Investigating Officer has also made arrangements to conduct DNA test, and accordingly, P.W.9 has conducted the same and filed her report. After completing investigation, the Investigating Officer has laid a final report on the file of the Judicial Magistrate, Palakode and the same has been taken on file in P.R.C.No.5 of 2014.