LAWS(MAD)-2007-6-306

AYYASAMY Vs. STATE

Decided On June 26, 2007
AYYASAMY Appellant
V/S
STATE BY: INSPECTOR OF POLICE, PERIANAICKENPALAYAM Respondents

JUDGEMENT

(1.) THE sole appellant in this case was tried by the District sessions Judge (Fast Track Court No. 1), Coimbatore, in Sessions Case No. 134 of 2001, for an offence punishable under Section-376 IPC. After conclusion of the trial, he was acquitted of the offence charged, however, he was found guilty of an offence Section 354 IPC. and sentenced to undergo rigourous imprisonment for one year and also to pay a fine of Rs. 3,000/-, of which Rs. 2,000/- has been awarded as compensation to PW-1, and, in default of payment of fine amount, to undergo simple imprisonment for three months. Aggrieved against the conviction and sentence imposed, the present Appeal has been preferred before this Court.

(2.) THE case of the prosecution is that, on 01. 10. 1998, the accused came to the residence of the victim/pw-1 at 07. 00 PM. for giving native treatment to her mother and directed the parents of the victim to stay away from the residence for the purpose of conducting pooja. THEreafter, he took the victim inside the residence and, against her will, is alleged to have committed rape on her.

(3.) PER contra, learned Government Advocate (Crl. Side)submits that, though there is no material to substantiate the commission of offence of rape, on the basis of the oral testimony of PW-1, corroborated by the evidence of PWs-4 and 5, an offence under Section 354 IPC is made out.