MARIAPPAN Vs. STATE

JUDGEMENT

(1.) Challenge in this criminal revision case is to the concurrent judgments passed in Sessions Case No. 87 of 2001 by the Assistant Sessions Court, Kovilaptti and in Criminal Appeal No. 168 of 2005 by the Additional District and Sessions cum Fast Track Court, No. II, Tuticorin.

(2.) The epitome of the prosecution case is that the prosecutrix is a resident of Melapoovani Village and the accused is also a resident of the said Village. On 05.02.1999 at about 7.00 p.m. the accused has asked the prosecutrix to come to a tank which situates on the eastern side of the said village and accordingly, she has gone there and both of them have had bill and coo from 7.00 p.m. to 9.30 p.m. and at that time the accused has given assurance to marry the prosecutrix and both of the them have had carnal copulation and subsequently the accused has refused to marry the prosecutrix and thereafter a village panchayat has been convened, wherein also the accused has refused to marry the prosecutrix and subsequently the prosecutrix has given the complaint which has been marked as Ex. P1.

(3.) On receipt of Ex. P1, the prosecuting agency has done investigation and after completing the same, laid a final report on the file of the Judicial Magistrate Court No. I, Kovilpatti. The case has been committed to the Court of Sessions, Tuticorin Division and subsequently transferred to the file of the trial Court.