P.N.PRAKASH
Mariyadoss – Appellant
Versus
State by: Inspector of Police, All Women Police Station – Respondent
1. This Criminal Revision Petition has been preferred by the accused challenging the concurrent findings of the two Courts below convicting him for an offence under Section 376 I.P.C. and sentencing him to undergo rigorous imprisonment for seven years and to pay a fine of Rs.10,000/- and in default, to undergo imprisonment for six months.
2. It is the case of the prosecution that the victim in this case one 'x' (P.W.2) is deaf and dumb and she is the daughter of Sarasu (P.W.1). P.W.2 has three brothers and two sisters and they were all living with their mother P.W.1. On 26.03.2003, P.W.1, P.W.2 and Prema(P.W.9), elder sister of P.W.2 and daughter of P.W.1) called on Sakunthala (P.W.8) in the adjoining village, Vanduvancheri, as she was physically indisposed. Sakunthala (P.W.8) is a cousin sister of Sarasu (P.W.1). They were all sitting in the house of Sakunthala and were chatting, and at around 12.00 noon P.W.2 wanted to attend nature's call and she conveyed this by signs. So, Sakunathala asked her to go to the fields in the rear side of the house and they continued with their conversations. When P.W.2 did not return, even after a long time, P.W.1 became a little anxious an
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