ARUMUGHAM Vs. STATE

JUDGEMENT

(1.) The appellant herein, who is the accused in S.C. No.191/96, was put on trial for the offences u/s 323, 354 and 376 IPC before the learned Assistant Sessions Judge, Chidambaram and on being found guilty, the appellant was convicted and sentenced to rigorous imprisonment for a period of 10 years u/s 376 IPC and further directed to pay a fine of Rs.10,000.00=, in default to undergo rigorous imprisonment for a period of one year. Of the fine amount of Rs.10,000.00-, an amount of Rs.7,500.00 was directed to be paid as compensation to the complainant/P.W.1. Being aggrieved by the said judgment, the present appeal has been preferred by the appellant.

(2.) It is the case of the prosecution that at about 2.00 p.m. on 16/3/95, the accused sexually abused P.W.1 in the fields belonging to one Krishnamurthy at Valiayamadevi and in the course of the said transaction P.W.1 suffered injuries over the ankle, jaw and right shoulder.

(3.) P.W.1 is a resident of Keela Valiyamadevi village. On 16/3/95, at about 2.00 p.m., after cutting grass in the fields and tying the same, P.W.1 requested the help of the accused, who was passing by the said place, to lift the grass bundle and keep it on her head. The accused helped her, whereupon she proceeded and the accused followed her. After sometime, seeing the accused following her, P.W.1 questioned him. At that time, the accused pushed the grass bundle from the head of P.W.1 and inspite of her cries, exploited her sexually near the fields of one Krishnamurthy. After committing the said act, the accused left the place leaving P.W.1, who, after sometime regained consciousness. On reaching her house, P.W.1 informed the incident to her husband, P.W.2 at which time, due to her cries, the neighbours gathered. After P.W.1 narrated the incident to P.W.2 thereafter, P.W.1 along with P.W.3 and others, went to Sethiathope Police Station and gave the complaint Ex.P-1 to P.W.9, the Head Constable attached to Sethiathope Police Station.