GOPI Vs. STATE

JUDGEMENT

(1.) THE appellant herein stands convicted by the learned Additional Sessions Judge (FTC), Thirurupattur, in S.C.No,252 of 2004, for an offence under Section 376 IPC and sentenced to undergo ten years rigorous imprisonment and to pay a fine of Rs.1000/- in default to undergo six months simple imprisonment. Aggrieved by the said conviction and sentence, the appellant has preferred this appeal.

(2.) THE case of the prosecution is that P.W.8 Nandhini is the daughter of P.W.1 Narayanan and she was aged only seven years at the time of occurrence. On 04.11.2003, she went along with her father-P.W.1 to the field. While she was sitting in the shed, the accused Gopi came there and saying that he would give goa fruit took her to the nearby place and removed her jetty and made her to lie down and then the accused pressed his male organ in her private parts. As she shouted, the accused ran away from the place and on hearing the noise, P.W.1 came there and enquired his daughter and also noticed blood stains in her private parts.

(3.) TO establish the case, the prosecution has examined nine witnesses, marked 16 exhibits and produced 5 material objects. After examination of witnesses, the accused was questioned under Section 313 Cr.P.C., and he denied the complicity. The trial Court after considering the evidence convicted the accused as stated above.