ESWARAN Vs. STATE

JUDGEMENT

(1.) The accused was prosecuted for the offences punishable under Section 366 and 376 of Indian Penal Code. He was found guilty on all counts. Therefore, he was convicted and sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs. 1,000/- with a default sentence of rigorous imprisonment for three months for the offence under section 366 of I.P.C. and also sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs. 1,000/- with a default sentence of rigorous imprisonment for one year for the offence under section 376 of I.P.C. Substantive sentences were directed to run concurrently. Set off as per law was allowed.

(2.) P.W.1 is the victim in this case and P.W.s 2 and 3 are her parents. They are the resident of Nachiyampatty, Alagapuram village. On 15.5.2005, at about 3.00 p.m., P.W.1 left the home for purchasing rice and sugar from Selevadi ration shop. After purchase, she handed over the things to her brother. When she returned home at 4.00 p.m, the accused Easwaran, Selvam and Natarajan, who came behind her, covered her face with kerchief and took her in a car to Rajapalayam and kept her in the house belonging to the person known to the accused. P.W.1 stayed there for three months, where the accused illtreated and harassed her and had sexual intercourse with her. He also caused burn injuries on her using cigarrette and beat her with ladle. In view of the repeated sexual intercourse had by the accused with her, she became pregnant for 8 weeks.

(3.) Learned Judicial Magistrate No.2, Mettur took cognizance of the offence and finding that the offences are exclusively triable by a court of Sessions committed the case to Sessions court (Mahila Court) at Salem. The said Court, on receipt of records and on appearance of the accused, framed charges for the offences punishable under Section 366 and 376 of I.P.C. He pleaded not guilty to the charge and claimed to be tried. The prosecution, therefore, had P.Ws. 1 to 9 examined and had Exs.P1 to P13 marked. During the examination of the prosecution witnesses, M.Os. 1 to 5 were got identified and marked. After the close of the prosecution evidence, the accused was questioned under Section 313 Cr.P.C., 1973 in which he denied all the incriminating circumstances brought out in evidence against him and maintained that he is innocent. He however chose to adduce no evidence.