MOHAN Vs. STATE

JUDGEMENT

(1.) The sole accused, in S.C. No.330 of 2008 on the file of the learned Sessions Judge, Mahila Court, Salem is the appellant herein. He stood charged for offences under Sections 366 and 376 IPC. By judgment dated 08.01.2010, the trial court convicted the accused under Sections 366 and 376 Penal Code and sentenced him to undergo rigorous imprisonment for 5 years and to pay a fine of Rs.1000.00 with defaulting sentence for one three months under section 366 Penal Code and sentenced him to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.1000.00 with defaulting sentence of one year under section 376 IPC. Challenging the above said conviction and sentence, the appellant/accused is before this Court with this Criminal Appeal.

(2.) Based on the materials filed by the prosecution, the trial Court framed charges as mentioned in the first paragraph of the judgment and the accused denied the same. In order to prove its case, on the side of the prosecution, as many as 13 witnesses were examined and 14 documents were exhibited.

(3.) The case of the prosecution, in brief, is as follows:- The accused and the victim are residents of Andipatty Panankadu village. Both of them are working in a lathe factory. As the victim P.W.4, daughter of P.Ws.1 and 2, has not come to the house in time, P.W.1, the father of the victim, when enquired came to know that his daughter was kidnapped by the accused. Hence, he lodged a complaint with P.W.13, the Inspector of Police. P.W.2, mother and P.W.3, who is the son of P.W.1, P.W.6, P.W.9 also made enquiries about the whereabouts of the victim.