AMALI AROCKIA SELVI Vs. MARIA MICHAEL @ MICHAEL

JUDGEMENT

(1.) The petitioner / complainant has filed this revision, challenging the Judgment, dated 12.09.2007, made in S.C.No.121 of 2006, on the file of the learned Chief Judicial Magistrate-cum-Assistant Sessions Judge, Sivagangai, acquitting the first respondent / accused from the charges framed against him under Sections 417 and 376 I.P.C.

(2.) The case of the prosecution is that on 24.04.2003, at 6.00 p.m., when the petitioner / de facto complainant was alone in her house, the first respondent/ accused went inside her house and after locking the doors inside, raped her and thereafter, he gave assurance that he would marry her.

(3.) The respondent ? Police, based on the said complaint, registered a case in Crime No.255 of 2003 under Sections 417 and 376 I.P.C., and after thorough investigation, filed a final report before the learned jurisdictional Magistrate, who had taken cognizance of the final report in P.R.C.No.8 of 2004 and inasmuch as the offence punishable under Sec. 376 I.P.C., being triable exclusively by the Court of Sessions, the learned Judicial Magistrate, after furnishing the copy of the documents relied on by the prosecution to the first respondent / accused under Sec. 207 Crimial P.C. had committed the case, under Sec. 209 Crimial P.C. to the learned Principal Sessions Judge, Sivagangai, who took the same on file in S.C.No.121 of 2005 and made over the same to the learned Chief Judicial Magistrate-cum-Assistant Sessions Judge, Sivagangai, for trial. Subsequently, the Trial Court had framed charges under Sections 376 and 417 I.P.C., against the first respondent / accused. When the first respondent / accused was explained and questioned about the charges framed against him, he had denied the charges framed against him and sought for trial to prove his case and accordingly, trial was conducted.