PARTIBAN Vs. STATE

JUDGEMENT

(1.) Heard the learned counsel for the revision petitioner and the learned Government Advocate(crl.side).

(2.) It is a case where the revision petitioner has been convicted and held guilty for offence under Sections 417 and 376 IPC. The specific case of the prosecution is that PW.1 gave consent to have sexual intercourse with the accused under fear and misconception. As per the prosecution, the fear excerted on PW.1 is that the accused threatened her if she don't consent to have sex he will commit suicide. Before committing suicide he will leave a note that PW.1 is cause for his death. So, fearing ignominy, she consented. The further case of the prosecution is that the accused promised to PW.1 that he will marry her, even if the mother oppose. Now he refuse to marry saying he is in love with another girl so, PW.1 lodged a complaint on 16.11.2010 alleging that she and the accused known to each other for the past 6 months and they were moving closely and had sexual intercourse first her house and later in a vacant room in the village temple. However, on 16.11.2010 when she insisted the accused to marry her, he threatened her that he will murder her. Hence, given a complaint to the police to take action against the accused. The respondent police after registering the complaint had investigated and filed final report against the petitioner for cheating and rape.

(3.) To substantiate the charges of offence under Sections 417 and 376 IPC, the prosecution has examined 9 witesses and 9 Exhibits were marked on behalf of the prosecution. In defence one Saravanan was examined as DW.1. The letter executed by the prosecutrix PW.1 in the Panchayat was marked as Ex.D1.