1. The appellant is the sole accused, in S.C.No.506 of 2007 on the file of Mahila Court, Tirunelveli and he stood charged and tried for the commission of offences under Sections 376 and 417 IPC. The trial Court vide judgment dated 11.11.2011 has convicted him for the commission of the said offences and imposed the following sentence:

Offence under Section Sentence

Section 376 Ten years RI, fine of Rs.10,000/- with default sentence of one year rigorous Imprisonment.

Section 417 One year Rigorous Imprisonment

The sentences were ordered to be run concurrently. The trial Court has also ordered set off under Section 428 Cr.P.C. The accused aggrieved by the conviction and sentence recorded by the trial Court has filed this appeal.

2. The facts leading to the filing of this appeal, narrated in brief, are as follows:

The victim girl/P.W.1 is the daughter of P.Ws.2 and 3. P.W.4 is the brother of P.W.2 and P.W.5 is the cousin brother. The accused belong to the same community as that of P.W.1 and is also distantly related to her. Nearby the house of P.Ws.2 and 3, the house of aunt/junior mother of the appellant/accused is located and he used to come often to that house.

2.1. P.W.1/victim has studied up to 9th standard and was employed in a Tailoring shop and that at the relevant point of time in the year 2006, she was aged about 17 years. The appellant used to have conversation with P.W.1/victim, while she is going for her job and the said acquaintance continued for about one year. The appellant has also promised to marry her.

2.2. On 14.03.2006, when P.W.1 was alone in her house at about 2.00 p.m., the appellant came to her house and made a promise to marry her and had a forceful physical relationship with her without consent. P.W.1, after two or three months, came to know that she became pregnant and informs the said fact to the appellant, who told that if she revealed the fact of her pregnancy to anybody, he will not marry her and on account of the same, P.W.1/victim did not inform anybody. About six months thereafter, P.W.1/victim exhibited the sign of pregnancy and therefore, her parents, namely, P.Ws.2 and 3, asked her and she informed the above said fact. P.W.1 was also taken to a Doctor, who, on examination, has told the parents that P.W.1 is in family way. The parents of P.W.1 asked her as to the reasons for her pregnancy and she told that the appellant/accused is the cause for it and he had a physical relationship on the pretext of marrying. P.W.2, the father of P.W.1, in turn has informed the said fact to his brother P.W.4 and his cousin brother P.W.5 and both of them went to the appellant and asked him to marry P.W.1 and he has informed that after getting the consent of his parents, he will marry her. Though two months had lapsed, no response was forthcoming and when the appellant/accused was approached, he told him that his parents has refused consent and therefore, he cannot marry P.W.1. It was further stated by the appellant/accused that the conduct and character of P.W.1 is also not good and she had relationship with many others.

2.3. The parents of P.W.1 having found that mediatory talks has not yielded any fruitful results, along with P.W.1 went to All Women Police Station, Ambasamudram on 09.11.2006 and lodged a complaint under Ex.P1 against the appellant/accused.

2.4. P.W.15, the Sub Inspector of Police, attached to the said police station, on receipt of Ex.P1 complaint, took it on file and registered a case in Crime No.6 of 2006 for the commission of offences under Section 366A of the Indian Penal Code.

2.5. Thereafter she searched for the accused and effected his arrest on 10.11.2006. She has also examined P.Ws.2 and 3 and recorded their statements and on 10.11.2006, at about 8.45 p.m., in the presence of P.W.6 and another, prepared the observation mahazar and rough sketch marked as Exs.P2 and P18 respectively. On 02.12.2006, P.W.15 examined P.Ws.11 and 13 and recorded their statements and having found that ins