(1.) THIS appeal has been preferred against the judgment in s. C. No. 30 of 2004 on the file of the District and Sessions Judge, Nilgiris at udhagamandalam.
(2.) ACCORDING to the prosecution, the accused had committed the offence of rape on 16. 12. 2000 at about 10. 00 am on P. W. 2 and he has also been charged under Section 417 IPC for having deceived the victim girl on the pretext of marrying her, committed the offence of rape.
(3.) P. W. 2 is the victim girl, who has narrated what she has stated in the complaint-Ex. P. 1. According to her, only under the pretext of marrying her the accused had sexual intercourse with her on 16. 12. 2000 and that she became pregnant and her uncle P. W. 1 took her to the hospital for treatment and that she delivered a child on 19. 2. 2000. Ex. P. 2 is the birth certificate for the child.