V.SUBASH Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is, against the judgement of conviction and sentence, dated 14.10.2009, made in SC.No.149 of 2008, on the file of the learned District Sessions Judge, Mahizha Court, Salem, convicting and sentencing the Appellant for the offence under Section 417 of IPC to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.10,000/-, in default, to undergo three months Rigorous Imprisonment and acquitting the Appellant for the offence under Section 376 of IPC.

(2.) The case of the Prosecution has arisen on the basis of the complaint Ex.P1, dated 11.10.2003, given by the victim girl, PW.1, Dhanalakshmi, alleging that she was working as a Tailor and she was having relationship with the Appellant/ accused, who is the resident of the area of occurrence and that the Appellant/ accused is a married person and his wife died four years ago and that before five months from 11.10.2003, the Appellant/ accused, on the false promise to marry her, had physical relationship with her. Hence, the Appellant/ accused was charge sheeted for the offences under Sections 417 and 376 of IPC.

(3.) The case was taken on file in SC.No.149 of 2008, by the learned District Sessions Judge, Mahizha Court, Salem and necessary charges were framed. The accused had denied the charges and sought for trial. In order to bring home the charges against the accused, the prosecution examined PW.1 to PW.10 and also marked Exs.P1 to P9 and Mos.1 and 2.