MANSOOR ALI KHAN Vs. STATE

JUDGEMENT

(1.) THE appellant was tried by the learned Principal Sessions Judge, Chennai, in Sessions Case No.579 of 2000, for the offences punishable under Sections 376, 417 and 506 (ii) IPC. By Judgment dated 27.03.2001, the learned Sessions Judge found the accused guilty under Section 376(1) IPC. and sentenced him to undergo rigourous imprisonment for seven years and to pay a fine of 3,00,0000/-, in default, to undergo simple imprisonment for 1 - years. THE learned Sessions Judge found the accused also guilty under Section 417 IPC. and sentenced him to undergo R.I. for six months and to pay a fine of Rs.25,000/-, in default, to undergo simple imprisonment for 1 - months. THE sentences were ordered to run concurrently. THE accused was acquitted in respect of the offence under Section 506 (ii) IPC. THE total fine amount of Rs.3,00,000/- was directed to be paid to the victim and her child born through the accused as compensation. Aggrieved against the conviction and sentence passed by the trial court, the present appeal has been filed before this Court.

(2.) IN brief, the prosecution case is that the accused, who employed PW-1/victim girl as his Secretary/Assistant, on 08.12.1996, asking her to assist him in his transactions, took her to a Hotel that, during the course of their stay in the Hotel, he administered sedatives through juice and on PW-1 becoming unconscious after consuming the juice, committed rape on her that, even after PW-1 regaining consciousness, by consoling her and creating a strong impression that he would marry her, again he had intercourse and continued the intimacy for a substantial period and that, on PW-1 becoming pregnant, when she insisted the accused to establish the marriage tie, he asked her to undergo abortion and refused to marry and ultimately after delivery of a child deserted her. The victim, when approached the police at the advanced stage of pregnancy, was asked to come after delivery hence, finding that her complaint is not being registered, she sent the complaint dated 29.04.1998 through registered post to the Commissioner of Police, and ultimately, the same was taken on file by the respondent police on 21.5.1998. IN the meantime, on 24.05.1998, she gave birth to a female child.

(3.) THE learned trial Judge, on perusal of the oral and documentary evidence and considering the arguments advanced on either side, passed an order of conviction and sentence against the accused as aforementioned.