PRABHAKARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE accused, who has been convicted under Section 366 and Sentenced to undergo 7 years RI and a fine of Rs. 1,000/- with default sentence and convicted and sentenced under Section 376 IPC to undergo 7 years RI and a fine of Rs. 1,000/- with default sentence in S. C. No. 365 of 2005 on the file of the Magalir Neethimandram, Chennai, is the appellant herein.

(2.) THE short facts of the case of the prosecution is that on 18. 10. 2004 the accused had kidnapped the victim girl while she was proceeding to her school, to the house of his uncle's son Samuvel. Thereafter, on the following day took her to Voyila village at Nellur, Andra Pradesh, where he stayed with the victim girl in the house of one Kondamma, a known person and then on the next day ie. on 20. 10. 2004 the accused took the victim girl to Kuchi village in Andhra Pradesh, where they stated in the house of Bhavani for two days and on 22. 10. 2004 the accused took the victim girl to Kavali village in Andra Pradesh and stayed in the house of one Kotaiah and while they were staying at Voyila village for two days, the accused had in order to prevent the victim girl from making any alarm gagged her and during the stay at Voyila village in the house of Kondamma had committed the offence of rape on the victim girl and thus the accused has been charged under Section 366, 341 and 376 (1) IPC.

(3.) THE case was taken on file by the learned XV Metropolitan Magistrate, George Town, in PRC. No. 128 of 2004 and on appearance of the accused on summons furnished copies under Section 207 of Cr. P. C. , and committed the case to the Court of Sessions under Section 209 of Cr. P. C.