SENTHIL Vs. STATE

JUDGEMENT

(1.) THE appellant/accused has filed this Criminal Appeal to set aside the conviction and sentence imposed in SC.No,23/2003 dated 5.8.2005 by the learned Additional Assistant Sessions Judge, Pondicherry to undergo 7 years Rigorous Imprisonment and to pay a fine of Rs.5000/-, in default to under Rigorous Imprisonment for one year.

(2.) THE case of the Prosecution is as follows:- PW.1 Rajeswari was residing at Polagam, T.R.Pattinam at Karaikal and her husband was residing with his Parents at Thiruverkadu Village near Boombukar and he used to come once in a month to the house of the victim. THE accused is residing at the third house from the house of the victim woman. On 1.9.2001 in the evening, the victim woman went to collect firewood in the lake area at Polagam and at about 5.45 p.m. the accused came there, pushed her down and closed her mouth with a cloth which was used by her for carrying the wood on her head and committed sexual assault on her. THE accused also threatened her not to reveal the matter to any one. After she returned to her house, she informed to her brother's wife Kalaiarasi PW.3 and later both of them went to the victim woman's brother's (PW.2) house and then PW.1 and PW.2 went to the police station and lodged a complaint under Ex.P1 before PW.8 Sub Inspector of Police and PW.8 on receiving the complaint registered a case in Cr.No.163/2001 under Section 376 of IPC and Ex.P12 is the printed FIR.

(3.) ON completion of the evidence on the side of the prosecution, the accused was questioned under Section 313 Cr.P.C. as to the incriminating circumstances found in the evidence of prosecution witnesses to which the accused denied the same and no witness was examined on his side.