ANNADURAI Vs. STATE

JUDGEMENT

(1.) THE appellant is the sole accused in this case and he was convicted for the offence under Sections 376 and 325 IPC and sentenced to undergo rigorous imprisonment for seven years and three years respectively. Aggrieved against the conviction and sentence the present appeal has been filed before this Court.

(2.) THE case of the prosecution is that the victim, who is a woman, aged about 25 years is the neighbour in the agricultural land of the accused and the irrigation for the said land was done from the common well. On 17. 03. 1997 at about 12. 30 Noon, when the victim woman PW1 was alone, the appellant, the sole accused in this case alleged to have forcibly pushed her down and removed her cloth and committed rape. After sometime, PW1 informed this to her husband PW3 who came to the scene of occurrence. It is further the case of the prosecution that a Panchayat was convened, in which the accused failed to appear resulting in the registration of the case after 18 days i. e. on 05. 04. 1997.

(3.) PER contra, the learned Government Advocate (Criminal side) submits that the evidence of prosecutrix, in an offence of rape, must be given primary importance and based on her testimony alone the conviction could be given. In the instant case, though there are no other witnesses to speak about the offence of rape, the victim's evidence can be taken into consideration to sustain the conviction granted by the trial Court.