PALANISAMY S/O CHITTAN Vs. STATE BY INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, SOORAMANGALAM POLICE STATION

JUDGEMENT

(1.) This appeal preferred as against the conviction and sentence made in judgment dated 04.06.2008 in S.C.No.37 of 2007 on the file of the Sessions Court for Women (Magalir Neethemandram), Salem for the offences under Sections 366A, 376 and 506(ii) of IPC and sentenced him to undergo seven years rigorous imprisonment and fine of Rs. 1,000/- in default three months rigorous imprisonment for the offence under Section 366A and to undergo seven years rigorous imprisonment and pay a fine of Rs. 1000/- in default to undergo three months rigorous imprisonment and for the offence under Section 376 of IPC and to undergo rigorous imprisonment for one year and fine of Rs. 1,000/- in default to undergo three months rigorous imprisonment for the offence under Section 506(ii) of IPC.

(2.) The case of the prosecution in brief is that P.W.1, the mother of the victim lodged a complaint stating that on 15.03.2006 at about 7.30 a.m., her daughter minor Vijaya was kidnapped and threatened her life to dire consequences by the appellant/accused and the victim was taken in bus and got down at Kaverikarai bus stop and proceeded to hills side and committed rape on her. On receipt of the said complaint P.W.11 registered a case in Crime No.17 of 2006 against the accused for the above said offences.

(3.) The investigation was taken up by the Inspector of Police, P.W.11 and the victim was medically examined by P.W.7 and P.W.9 Radiologist and Pathologist, respectively. After recording the statement of witnesses and collecting evidence during the course of the investigation, P.W.11 laid charge sheet under Sections 366A, 376 and 506(ii) of IPC. The trial Court framed charges under Sections 366A, 376 and 506(ii) of IPC against the appellant and the appellant denied the said charges framed against him and claimed trial.