MANIMARAN Vs. THE STATE

JUDGEMENT

(1.) The appellant who faced trial for the offences under Sections 376 and 417 IPC was acquitted by the trial court for the alleged offence under Sec. 376 Penal Code but was found guilty and convicted under section 417 IPC, has come forward with the above criminal appeal, seeking to set aside the conviction and sentence imposed by the trial court for the offence under Sec. 417 IPC.

(2.) Admittedly, the appellant/accused and the victim girl/complainant/P.W.1- Reetarani belongs to the same village and they came into contact with each other and met at the house of one Moorthy, who resided in the same street, where, the appellant/accused as well as the victim girl also resided. According to the prosecution, the appellant/accused, by making a false promise of marrying her, had physical relationship with her and subsequently failed to keep up his promise and failed to marry her, thereby, committed the alleged offence under section 376 and 417 IPC.

(3.) According to the prosecution, the complainant/P.W.1/Reetarani and accused belonged to the same village and the victim girl was aged about 18 years. Both the accused as well as the victim girl used to visit the house of one Moorthy, wherein, they met each other and became friends, thereafter, they kept in touch with each other through cellphone and the accused used to go to the house of the victim girl, when parents of the victim girl were away and at that times, induced the victim girl to have physical relationship with him by making false promise of marrying her. Like that the accused had physical relationship with the victim girl for more than 4 times and subsequently, the same was intimated by the victim girl to P.W.2, her uncle, who in turn informed the parents of P.W.1 about the affair. Thereafter, the parents of the victim girl went to the house of appellant/accused and requested his parents to arrange for marriage of the accused with the victim girl, but they denied to do so. Thereafter, the victim girl P.W.1 went to the All Women Police Station, Gingee, and lodged Ex.P.1- complaint. The same was received by P.W.9, Sub Inspector of Police and she registered the case in Crime No.6 of 2012 under Sec. 376 and 417 Penal Code and the said FIR is produced as Ex.P.9. Thereafter, investigation was taken up and P.W.9-Sub Inspector of Police, who also visited the occurrence spot and prepared observation mahazar/Ex.P.2 and Rough Sketch/Ex.P.10, in the presence of P.W.4/Elumalai and another witness. Subsequently, the accused was arrested by P.W.9/Sub Inspector of Police, on the date of complaint itself. Subsequently, as per Ex.P.8/Requisition, medical examination of the accused was done by P.W.6/Doctor Manoj, who issued Potency Certificate of the accused and the said medical report is Ex.P.5 and Radiological Report is Ex.P.6. Subsequently, the Sub Inspector of Police/P.W.9, gave requisition/Ex.P.7 for medical examination of victim girl and accordingly she was examined by P.W.5/Dr.Shanthi, who gave Radiological Report/Ex.P.3 and Medical Report/Ex.P.4. After completion of investigation, final report was filed by the Police against the accused herein for the offences under Sec. 376 and 417 IPC.