BASHEER AHAMED Vs. STATE

JUDGEMENT

(1.) THE appellant is accused of committing offence punishable under Sec. 376 IPC. On conclusion of the trial, the appellant was convicted by the learned Sessions Judge (Magalir Neethimandram), Coimbatore for the said offence and was sentenced to undergo 7 years Rigorous Imprisonment with fine of rs. 20,000/-, in default, to undergo simple imprisonment for 1 year and out of fine amount of Rs. 20,000/-, Rs. 10,000/- was ordered to be given to the victim girl as compensation. Aggrieved against the conviction and sentence, the present appeal has been preferred before this Court.

(2.) THE prosecution case in a nutshell is as below: P. W. 1, the victim girl, aged about 22 years at the time of occurrence, was friendly with the appellant for 10 years. On 28. 6. 1997 at 2. 00 p. m, when the parents of the victim girl were away from the residence, the appellant/accused entered into the residence of the victim girl and closed the doors. Though the victim objected for the same, she was pushed down on the cot. THE accused overpowered the victim girl by closing her mouth with his hands, she could not escape from his clutches and therefore, the appellant has committed rape without her consent.

(3.) THE victim girl was examined as P. W. 1 and she has narrated what had happened to her. She has deposed that on 28. 6. 1997 at about 2. 00 p. m, the appellant/accused had trespassed into her residence and committed forcible rape on her with a promise that he would marry her. When the appellant came out from her residence, he was seen by P. Ws. 4 and 5. When they questioned pw-1 she informed them about the act committed by the appellant. After a few weeks, when P. Ws 4 and 5 questioned her when she was sitting in a depressed mood, she told them that her menses skipped and she may be pregnant. THEreafter, P. Ws. 4 and 5 informed this to the appellant/accused, for which, the appellant replied that this must not be informed to his parents and requested p. Ws. 4 and 5 to help her in aborting the pregnancy. However, the appellant promised P. Ws. 4 and 5 that he would marry the girl. Accepting such promise, on