GANESAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment in S. C. 206 of 1997 on the file of the Court of Principal Sessions Judge, Villupuram. The accused is the appellant herein. The accused has been convicted under Section 376 r/w 511 of IPC to undergo five years rigorous imprisonment.

(2.) THE brief facts of the case relevant for deciding this appeal are as follows: on 13. 5. 1994 at about 5. 30p. m. , in the upstairs at door No. 54, Hospital Road, Villupuram, the accused with an intention to have sexual intercourse with seven years old child Kalaiarasi had committed an offence of rape, punishable under Section 376 (2) (f) I. P. C.

(3.) THE case was taken on file by the learned Judicial Magistrate, No. 1, Villupuram as PRC No. 25 of 1997 when the accused appeared on summons, copies under Section 207 Cr. P. C. were furnished to the accused and since the case is triable by the Court of Sessions, the learned Judicial Magistrate had committed the case to the Court of Principal Sessions Judge , Villupuram under Section 209 Cr. P. C. After committal, the learned Sessions Judge framed charges under Section 376 (2) (f) of IPC and when questioned the accused pleaded not guilty.