PARANJOTHI Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal is filed by the appellant against the conviction and sentence passed in S. S. C. (CC)No. 92 of 2002 dated 13. 12. 2002, on the file of the learned Principal Sessions Judge, Erode wherein, the appellant stands convicted for the offence punishable under section 450 IPC r/w 511 and r/w Section 3 (2) (v) of SC/st (P. A.) Act r/w 511 IPC and Section 3 (1) (xii) of SC/st (P. A.) Act, 1989 and was sentenced to undergo seven years R. I. and to pay a fine of Rs. 1,000/- in default, to undergo six months R. I. , convicted under section Section 3 (2) (v) of SC/st (P. A.) Act r/w 511 IPC and sentenced to undergo a period of 7 years R. I. And to pay a fine of Rs. 1,000/- in default to undergo six months R. I. and convicted under Section 3 (1) (xii) of SC/st (P. A.) Act, 1989 and sentenced to undergo six months R. I. and to pay a fine of Rs. 1,000/- in default to undergo three months R. I. and all the three sentences were directed to run concurrently.

(2.) THE prosecution case in brief is as follows: p. W. 1 who is the complainant was residing at Thirumugam Malarathapuram Village and said to belong to Hindu Kuravar community which is a Scheduled Caste whereas, the appellant belongs to Hindu Navithar community of Backward caste. On 23. 05. 2000 at about 4. 00 p. m. , P. W. 1 was alone and cooking in the kitchen of her house. Her husband is working as conductor in the Tamil Nadu State Transport Corporation, Kavundapadi Branch and the appellant was working as a driver of the same State Owned Corporation at Kangayam. On the door was being merely closed, the appellant entered into the house without her permission with an intention to rape her, took her to the bed room despite her resistance and attempted to rape her. P. W. 1 by using her force tried to push him away and escaped from the clutches of the accused but however, the accused/appellant pressed her chest and mouth due to which she got pain. Somehow she escaped by pushing the accused aside and in the meanwhile, the accused/appellant went out of the house. P. W. 4, the husband of P. W. 1 came home the next day after his duty and enquired as to why she was very dull and sorrowful. She informed him about the occurrence. P. W. 4 brought his brother and uncle of P. W. 1 who was working as Sub-Inspector of Police and informed them about the occurrence. On 26. 05. 2000, P. W. 1 accompanied by her husband's brother and uncle went to Chennimalai Police station and lodged a complaint before the Sub-Inspector of Police, Chennimalai who in turn registered the case and sent P. W. 1 for medical examination to the Government Hospital, Erode.

(3.) P. W. 2, Dr. Sathyavathi who was the duty Doctor at the Government Head Quarters Hospital, Erode enquired P. W. 1 who came with police memo and P. W. 1 told her that an attempt was committed to rape on her. She referred her to medical examination by a Gynecologist and requested for a woman constable to accompany her. P. W. 3 Dr. Latha, Gynecologist examined P. W. 1 and collected smear from the vagina and after getting the analytic report gave an opinion that there is no symptoms of rape or sexual harassment committed on the victim.