ABIMANNAN Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred by the accused in S.C.No.10 of 2005 who has been convicted and sentenced for an offence under Section 376 of IPC by the learned trial Judge to under go eight years rigorous imprisonment and a fine of Rs.5000/- with default sentence is the appellant herein.

(2.) BEFORE the learned Judicial Magistrate No.1, Perambalur, the charge sheet was filed against the accused alleging that he had committed an offence of rape against P.W.8 a deaf and dumb lady. The learned Judicial Magistrate on appearance of the accused, had furnished the copies under Section 207 of Cr.P.C. and since the case is exclusively triable by a Court of Sessions had committed the case to the Court of Sessions under Section 209 of Cr.P.C.. The learned Additional District and Sessions Judge(Fast Track Court) Ariyalur on appearance of the accused had framed charge under Section 376 of IPC and when questioned the accused pleaded not guilty.

(3.) WHEN incriminating circumstances under Section 313 Cr.P.C. were put to the accused, he would deny his complicity with the crime. He would say that he is the neighbour of P.W.1 and since he refused to marry the victim girl, P.W.1 has foisted the case against him. He has not examined any witness on his side.