VISWAN ALIAS VISWANATHAN Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment in S.C.No.80 of 2003 on the file of the Principal Sessions Judge, Erode. The accused, who has been convicted and sentenced under Section 376 r/w 511 IPC by the learned Sessions Judge, is the appellant herein.

(2.) THE short facts of the prosecution case sans irrelevant particulars are that on 21.2.2002 at about 2.00 pm the accused had made an attempt to rape P.W.2-Krishnaveni, the deaf and dumb girl aged about 13 years.

(3.) ACCORDING to P.W.1, the victim girl viz. P.W.2 and P.W.4 went near the garden belonging to Thulasimani Gounder for the purpose of reaping grass and at about 12.00 noon on the date of occurrence they heard a distress call from P.W.2-Krishnaveni and she (P.W.1) and P.W.4 rushed to the place of occurrence and saw the accused running from the place of occurrence folding his dothi and that when they went near the victim girl, she had informed by using body language that the accused had made an attempt to rape her and that she (P.W.1) could see some lacerated injuries on the neck of the victim girl and later she was taken to the government hospital at Anthiyur from where she was referred to government hospital at Erode and that since the victim girl is a deaf and dumb person, she (P.W.1) preferred Ex.P.1-complaint with the police.