VELMANI Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is filed, against the judgment of conviction and sentence, dated 07.07.2010, made in SC. No. 385 of 2009, by the Sessions Judge, Mahila Court, Cuddalore, (a) finding the Appellant/A1 for the offence under Section 376(f) of IPC, guilty and the Appellant/A2 for the offence under Section 376(f) read with 109 of IPC guilty, (b) convicting and sentencing the Appellant/A1 for the offence under Section 376(f) of IPC to undergo 10 years Rigorous Imprisonment and to pay a fine of Rs. 1000/-, in default to undergo further 2 years Rigorous Imprisonment and (c) convicting and sentencing the Appellant/A2 for the offence under Section 376(f) read with 109 of IPC, to undergo 10 years Rigorous Imprisonment and to pay a fine of Rs. 1000/-, in default to undergo two years Rigorous Imprisonment.

(2.) The case of the Prosecution has arisen on the basis of the complainant, Ex.P1, dated 16.12.2008, given by PW. 1, father of the victim, Kuralarasi, PW. 2, alleging that the victim, aged below 12 years, was studying VII Standard in Nandanar Girls Higher Secondary School and staying in the Hostel of the said School and that prior to three months of the occurrence, the victim complained to PW. 1 that when she was alone in her house at, Mazavarayanallur, the Appellant/A1 came and called her to have intercourse, by promising to marry her and that PW. 1 had warned the Appellant/A1 and that on 08.12.2008, at 4.30 p.m., when the victim was coming out from the school, the Appellant/A1 came there and promised her to marry her and forcibly took her to Bharaduchavadi, where the Appellant/A2 was living and that the Appellant/A1 forcefully raped against her will and that the Appellant/A2 had aided and abetted for such offence. On the basis of such complainant, the Appellant/A1 was charge sheeted for offences under Sections 366A and 376(f) of IPC and the Appellant/A2 was charge sheeted for the offences under Sections 376(f) read with 109 of IPC.

(3.) The case was taken on file in SC. No. 385 of 2009, by the Sessions Judge, Mahila Court, Cuddalore 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. 7 and also marked Exs.P1 to P8 and Mos. 1 and 2. On completion of the evidence on the side of the prosecution, the accused were questioned under Section 313 Cr.PC as to the incriminating circumstances found in the evidence of prosecution witnesses and the accused have come with the version of total denial and stated that they have been falsely implicated in this case.