(1.) This is a very peculiar case. The de facto complainant and the petitioner-accused wanted to compound the case. The accused was convicted by the trial court for the offences under Sections 417 and 420 IPC as well as for the offence under Section 376 IPC. While the offences under Sections 417 and 420 IPC are compoundable, the offence under Section 376 IPC is not compoundable. Smt. T.V.Sridevi, learned counsel for the petitioner, submitted that the appeal is confined to the conviction of the accused for the offence under Section 376 IPC and that so far as the offences under Sections 417 and 420 IPC are concerned, the de facto complainant and the petitioner-accused would compound the same. I therefore propose to examine whether the offence under Section 376 IPC is made out or not.
(2.) The case of the prosecution is:
(3.) The learned counsel for the petitioner submitted that the offence under Section 376 IPC has not been made out at all. In her evidence, P.W.1 stated that the accused convinced her that he would marry her and had developed carnal acquaintance with her for a period of six months. Thus, it is not as though the incident was a single episode but the accused and P.W.1 continued their sexual intimacy for a period of six months.