1. This Criminal Appeal is directed against the Judgment, dated 26.03.2012 made in S.C.No.103 of 2009, passed by the learned Sessions Judge, Mahalir Needhimandram, Coimbatore, convicting and sentencing the appellant for the offence under Section 376 of IPC.

2. The case of the prosecution in nutshell are as follows :-

The Victim-Kannagi, aged about 17 years and a native of Sivagangai District was staying at NSA Thari Godown at Mangalam Road, Charayakaran Thottam at Palladam, for the past 4 years prior to the occurrence. She was working at the said Thari godown with few other girls. Accused Nagaraj is a native of Muthur Nagar, Therkupalayam, which is situated near the above said godown. On 23.03.2008 at about 8.p.m., in the above said that godown, the accused in a drunken state, utilizing the loneliness of victim, dragged her from godown to a nearby bush, and on her resistance, pushed her down and stamped on her neck, causing abrasions on her forehead, face and on her right hip, made her panick stricken, and committed sexual assault by biting her lips and committed sexual intercourse without her consent and against her will and thereby the accused said to have committed the offence of rape punishable under Section 376 IPC.

3. P.W.1-Rajeswari, sister of the victim preferred a complaint/Ex.P1 before the Police Station. P.W.15-Head Constable, on receipt of the complaint, registered a case in Crime No.323 of 2008 for the offence under Section 376 IPC and forwarded the same to P.W.16-Investigation Officer. P.W.16 proceeded to the place of occurence and observed the place of occurence and prepared Rough Sketch and Observation Mahazar, marked as Exs.P9 and P3 respectively. On 22.04.2008 about 12 noon, P.W.16 arrested the accused near a TASMAC shop at Manikkapuram Road, Palladam and on completion of investigation, filed a final report.

4. The prosecution, in order to substantiate the charges levelled against the accused, examined P.W.1 to P.W.13 and marked Exs.P1 to P21 and Exs.M.O.1 to M.O.13 were marked as material objects. On the side of the respondent, no witness was examined and Exs.D1 and D2 were marked and Hospital O.P. Sheet was marked as Ex.C1.

5. The Trial Court, on consideration and appreciation of oral and documentary evidence and other materials, found the accused guilty and convicted him under Section 376 IPC and sentenced to undergo ten years rigoruos imprisonment and also pay a fine of Rs.10,000/- in default to undergo three months simple imprisonment and also pay a sum of Rs.25,000/- as compensation to P.W.2 under Section 357 Cr.P.C.

6. Against the said conviction and sentence passed by the learned Sessions Judge, Magalir Needhimandram, Coimbatore, the appellant / accused has filed the present appeal.

7. Now the point for consideration before this Court is whether the prosecution has proved its case beyond reasonable doubt and the judgment and conviction passed by the trial Court is in order?

8. It is the case of the prosecution that the Victim-Kannagi, aged about 17 years and a native of Sivagangai District was staying at NSA Thari Godown at Mangalam Road, Charayakaran Thottam at Palladam. P.W.2 was working at the said Thari godown with few other girls. Accused Nagaraj is a native of Muthur Nagar, Therkupalayam, which is situated near the above said godown. On 23.03.2008 while P.W.2 was in duty, she had gone outside for attending nature's call and at that time, the accused took up some conversation with the victim-P.W.2 and she was strangulated and did not give any reply and at that time, suddenly dragged the victim from godown to a nearby bush, and on her resistance, pushed her down and stamped on her neck and she became unconscious and after that she gained consciousness only in the hospital.

9. P.W.1. is the sister of victim and she was also working in the same company in different unit, which is in the another room. In her evidence she deposed that she used to go to her sister-P.W.2's place and on 23.03.2008, when