S. SATHIS KUMAR Vs. STATE

JUDGEMENT

(1.) CHALLENGE in this criminal appeal is to the conviction and sentence dated 2.6.2004 passed in Sessions Case No. 16 of 2003 by the Additional Sessions Court cum Mahila Court, Tiruchirapalli.

(2.) THE case of the prosecution is that the victim who has been examined as P.W.7 is a mentally retarded person and aged about 14 years. On 10.8.2002 at about 10.30 a.m. while she has been grazing cattle in Kannangudi Village, the accused has taken her to an isolated place and forcibly raped her. Further the case of the prosecution is that on 13.8.2002 at about 5.30 p.m. the accused has unlawfully deterred the parents of the victim and also threatened them by showing a deadly weapon. Under the said circumstances, the accused is said to have committed offences under Sections 376, 341 and 506 (ii) of the Indian Penal Code.

(3.) AFTER the alleged occurrence, the father of the victim by name Chelladurai who has been examined as P.W.1, has lodged the complaint on 14.8.2002 which has been marked as Ex.P -1. On receipt of Ex.P -1, the concerned police have set the law in motion and registered the complaint under Sections 341 and 506 (ii) of the Indian Penal Code and subsequently, on 16.8.2002 an alteration report has come into picture and consequently, Section 376 of the Indian Penal Code has been included.