MANIKANDAN Vs. STATE

JUDGEMENT

(1.) The appeal is filed challenging the judgment dtd. 8/10/2021 in S.C.No.71 of 2015 on the file of the Court of Sessions (Fast Track Mahila), Namakkal.

(2.) The appellant/1st accused was convicted and sentenced by the trial Court as under:

(3.) It is the case of the prosecution that the victim (P.W.2) is a minor, who had discontinued 10th standard. Victim's father (P.W.1) belongs to Scheduled Caste community and the victim worked in a hospital viz., Santha Devi Nursing Home at Velur. In the year 2014, when the victim (P.W.2) came to the hospital to attend duty, the appellant/1st accused, who belong to Vanniyar community, use to follow the victim. The 1st accused is an auto driver in Velur Town. The 1st accused, in some time, developed love affair with the victim and around April 2014, the 1st accused had taken the victim to his house, on the pretext that there is a festival in the village. On going to the house, when the victim found no one was there, the 1st accused immediately, locked the house and on promising her to marry, had forcible sexual intercourse. The 1 st accused had dropped the victim on the next day morning. Thereafter, the 1st accused called the victim and by threatening her, had taken her to his house on several occasions and had forcible sexual relationship. Due to the sexual relationship had by the 1st accused with the victim , she became pregnant. Only when there was a bodily change, her parents noticed and when her father (P.W.1) enquired about the same, the love affair with the 1 st accused was disclosed by the victim and the sexual relationship had by him. Immediately, the victim's father (P.W.1), along with his wife (P.W.3) and the victim (P.W.2), had gone to the house of the 1st accused to enquire about the assault meted out by the 1 st accused. They were abused by mentioning their caste name and they were threatened for life and chased away. Thereafter, the victim's father (P.W.1) had lodged a complaint (Ex.P1).