DEVA @ DEVARAJ Vs. STATE OF INSPECTOR OF POLICE

JUDGEMENT

(1.) The appeal is directed against the judgment of the conviction passed by the Sessions Judge Mahila Court, Chennai in S.C.No.217 of 2009. The appellant Deva @ Devaraj was convicted by the Court below for offence under Section 417 of I.P.C. He was sentenced to undergo 1 year R.I and to pay a fine of Rs.25,000/- in default, he was ordered to undergo 3 months S.I., from the fine amount, a sum of Rs.20,000/- was ordered to be given to the PW.1 victim as compensation.

(2.) The facts of the case is that Vijaya Kumari (PW.1) is a distant relative of the appellant. At the age of 1 1/2 years, she was admitted in the Bala Mandhir Trust hostel, till she attained the age of 18 age, she was in the hostel. She studied upto 10th standard. Two sisters of her father namely Sathyavani and Megala took care of her after she left the hostel. Due to some misunderstanding with her aunties, she left their house and stayed with one Indira, who is her distant relative. For nearly two years, she was staying with Indira. The accused is the son of said Indira. According to Vijaya Kumari, the accused promised her to marry and had sexual intercourse with her frequently. When she insisted him to marry her, he refused to marry her and also threatened her dire consequence. She reported the matter to her aunties. Panchayat with the accused family through the village head people Velankani and Venugopal went futile. Since, the accused refused to marry her, she gave the complaint to the G-1 All Women Police Station on 24.10.2007. Based on the complaint given by Vijayakumari, the respondent police investigated the case and after obtaining the medical certificate of the accused as well as the defacto complainant, recorded the statement of witnesses and filed final report. The Mahila Court, Chennai, framed charges under Sections 376, 417 and 506 (ii) of I.P.C against the accused.

(3.) To prove the charges, the prosecution as examined 11 witnesses. 10 Exhibits were marked.