The sole accused in the sessions case in S.C.No.371 of 2012 on the file of the learned Additional Sessions Judge, Mahila Court, Chennai is the appellant.

2 He has been tried for charges under section 376, 506(i), 354 I.P.C. and Sec.4 of Tamilnadu Prohibition of Harassment of Women Act, 1998.

3. Upon appreciating the evidence, the trial Court found him not guilty under section 506(i) of I.P.C., however, found him guilty on the other charges and sentenced him as detailed below:      

4. The prosecution case runs as under:

(1) The accused and P.W.2 are spouses. Their daughters are P.Ws.1 and 4. P.W.7's daughters are P.Ws.2 and 4 and sons are P.Ws.3 and 14. P.W.5's son is P.W.6.

(2) The accused was running a Sports shop in Chennai. He lived along with his wife and children at door No.35, 4th street, Thendral Nagar, Vyasarpadi, Chennai 39. P.W.1 was studying B.Com. course in a Womens College in Chennai.

(3) P.W.8 Dr.Suresh, Managing Director, Pavithra Hospital, a private clinic, on 10.6.2010 treated P.W.1 for she having consumed certain sleeping tablets (Ex.P4 Medical certificate).

(4) On 2.2.2011, P.W.16 Jamuna Rani, Inspector of Police, W-18, All Women Police station, M.K.B.Nagar, Chennai received Ex.P15 complaint of P.W.1 from the Deputy Commissioner of Police, Puliyanthope. In her complaint, P.W.1 alleged that the accused gave her continuous sexual torture and also raped her. P.W.16 registered this case (Ex.P16 F.I.R.).

(5) P.W.16 took up her investigation. She examined P.Ws.1 and 2 and recorded their statement. Through Court P.W.16 sent P.W.1 for medical examination. P.W.10 Dr.Vijayalakshmi, Assistant Professor, R.S.R.M. Hospital, Chennai examined P.W.1. She did not see any external injury on her private part. Her vagina admitted finger. She opined that she had been subjected to sexual intercourse (Ex.P8 Certificate).

(6) P.W.16 also examined P.Ws.3 to 7 and 14 and recorded their statement. She visited the scene house. Prepared Ex.P17 Observation Mahazar in the presence of Sankar and Mari. She drew Ex.P8 Rough sketch.

(7) On the requisition of P.W.16, P.W.11 XVIII Metropolitan Magistrate, Egmore, Chennai recorded Ex.P9 statement of P.W.4 under section 164 Cr.P.C. and P.W.12 VII Metropolitan Magistrate, Egmore, Chennai recorded Ex.P10 statement of P.W.1 under section 164 Cr.P.C.

(8) On 19.2.2011, P.W.16 seized Samsung touch screen Cellphone, LG. Cellphone with sim cards etc. in the presence of Iyappan and Suresh. P.W.16 examined Abirami theatre owner. She also examined P.W.1's Professor in W.C.C. College and seized Ex.P21 Attendance Register. P.W.16 produced the said items under Form 95 to the Court with Ex.P22 requisition to send them to forensic Lab for analysis and report.

(9) P.W.13 Hemavathy, Assistant Director, Computer Section, Forensic Lab, Chennai found Cellphone No.9840349553 is in the name of Charles (P.W.14). There is conversation of a man and woman recorded in M.O.1 C.D. (Ex.P13 Analysis report). P.W.13 sent them to P.W.15 Thirunavukarasu of Physics Department in the Forensic Lab, Chennai. PW.15 examined them. On comparison, the male voice and the female voice in the conversation tallied with that of the accused and P.W.1 respectively (Ex.P14 report).

(10) On 3.10.2011, at about 2 p.m. in his Win Sports shop at No.11, Walajah Road, Chennai, P.W.16 arrested the accused and send him to judicial custody. On her requisition Ex.P5, P.W.9 Dr.Sathyamoorthy examined him and found him capable of performing sexual act. (Ex.P6 report).

(11) Concluding her investigation, on 25.1.2000, P.W.16 filed the final r