ARUL Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Appeal is filed, against the judgement of conviction and sentence, dated 21.04.2010, made in SC.No.72 of 2009, by the Sessions Judge, Mahila Court, Perambalur, convicting and sentencing the appellant/ accused, for the offence under Section 376 of IPC, to undergo Rigorous Imprisonment for seven years and to pay a fine of Rs.2000/-, in default, to undergo three months Rigorous Imprisonment.

(2.) The case of the Prosecution has arisen, on the basis of the complaint, Ex.P1, dated 09.10.2008, given by the victim, Prosecutrix, PW.1, alleging that both the Prosecutrix and the Appellant/ accused are the residents of Pudukudi Village, Ariyalur and that they were doing mason/coolie work in a construction site at Pudukudi and thereby, they got acquainted with each other. On 24.05.2008, at about 4.00 p.m., when PW.1 was alone in her house, the Appellant/ accused came there and taking advantage of her loneliness and under the false promise to marry her, forcibly raped PW.1 against her will and subsequently, on demand, refused to marry her. Hence, the Appellant/ accused was charge sheeted for the offence under Section 376 of IPC.

(3.) The case was taken on file in SC.No.72/2009 by the Sessions Judge, Mahila Court, Perambalur and necessary charge was 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.12 and marked Exs.P1 to P6.