PUNNIAKOTI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE appellant/sole accused in the case was tried in S. C. No. 132 of 1998 on the file of the Additional Assistant Sessions Judge, Chengleput for the offences under Sections 366 and 376 (i) I. P. C. and was convicted and sentenced to undergo rigorous imprisonment for 7 years and 10 years respectively and a fine of Rs. 500/-, in default to undergo simple imprisonment for two months, for each offence, by judgment dated 28. 1. 2003. Both the sentences were ordered to run concurrently. Aggrieved against the conviction and sentence, the present appeal has been preferred by the accused.

(2.) THE charges levelled against the accused are that on 25. 2. 1997 at about 10. 00 a. m. he has induced one Vimala Mary-the victim girl aged about 12 years, who is a mentally retarded and taken her to his residence, saying that the dog of the victim girl is with him, and thereafter, he bolted the doors from inside and committed rape upon her.

(3.) THE prosecution examined P. Ws. 1 to 13 and marked Exhibits P. 1 to P. 18 and M. Os. 1 to 5 to substantiate its case. When the accused was questioned under Section 313 Cr. P. C. , he has denied the offence and on his side neither oral nor documentary materials were marked.