KITTAN Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is filed, against the judgement of conviction and sentence, dated 10.03.2010, made in SC.No.309 of 2008, by the District Judge, Mahalir Neethimandram (Mahila Court), Coimbatore, convicting and sentencing the Appellant/ accused, for the offence under Sec. 376 of IPC, to undergo ten years Rigorous Imprisonment and to pay a fine of Rs.1000.00, in default, to undergo six months Rigorous Imprisonment.

(2.) The case of the Prosecution has arisen on the basis of the complaint, Ex.P1, dated 04.10.2007, given by PW.1, who is the father of the victim girl, Parthiba, aged about 17 years at that time, alleging that he is working as a coolie and on 3.10.2007, he and his wife went out of their house, to see his cousin, who was sick at that time and they came back to the house at 9.30 p.m. and at that time, on seeing them, the victim girl, cried and shivered and when questioned her, she had informed that the accused came to the house and forcibly raped her. Hence, the Respondent Police, after investigation, has laid a charge sheet, against the Appellant under Sec. 376 of IPC.

(3.) The case was taken on file in SC.No.309 of 2008, by the District Judge, Mahalir Neethimandram (Mahila Court), Coimbatore and necessary charges were framed. The accused denied the charges and sought for trial. In order to bring home the charges against the accused, the prosecution examined PW.1 to PW.12 and also marked Exs.P1 to P13 and Mos.1 to 6.