JUDGMENT :

(Prayer: Appeal filed under Section 374(2) of Cr.P.C. seeking to call for the records in S.C.No.242 of 2007 dated 29.05.2009 on the file of the Sessions Court (Mahila Court) Chengalpattu and set aside the same by allowing this Criminal Appeal.)

The appellant has filed this appeal seeking to set aside the judgment dated 29.05.2009 made in S.C.No.242 of 2007 by the Sessions Court (Mahila Court), Chengalpattu.

2. The brief case of the prosecution is as follows:

The prosecutrix is PW2 daughter of PW1. PW2 and the accused / appellant/ sole accused are the residents of Vadhiyur Village. The accused person used to visit the house of PW1 for the purpose of getting milk for his business. All of a sudden, the accused / appellant asked PW2 to marry him. When the same was refused by the victim girl, the accused / appellant threatened her that he will pour kerosene on her if she does not marry him. When the victim girl in turn replied that the same would informed to her parents for appropriate action, the accused / appellant threatened her once again that if the same is revealed to her parents, he will pour kerosene on him and commit suicide implicating the victim’s parents in a case. The victim girl left with no option but to go along with the accused / appellant in his Hero Honda motor bike on 17.02.2006. PW1 the victim girl’s father then filed a girl missing complaint before the respondent police on 21.02.2006, which has been marked as Ex.P1.

3. Thereafter, the accused and the victim girl reached Kancheepuram, from there they went to Thirupathi. In Thirupathi, the accused tied thali to the victim girl in front of the temple, then they reached Tirupur to live together and found employment for them.

4. When that being so, the accused wife came to Tirupur and snatched the Thali from the prosecutrix. Thereafter, the victim girl left Tirupur and reached her parents house. Initially girl missing case was registered by the respondent police, thereafter, based on the statement given by the victim girl, it was altered under Section 366 and 376 IPC, which has been marked as Ex.P16. On the side of the prosecution 13 witnesses have been examined and Ex.P1 to Ex.P17 marked. No material object was marked. On the side of the accused no witness was examined and no document was marked as exhibit.

(i) PW1, the father of the victim girl gave a complaint before the Balluchetty Chatram Police Station, Kancheepuram on 21.02.2006 about the girl missing. During PW2’s evidence she deposed and produced her transfer certificate i.e. Ex.P2 to show her age proof that she was born on 03.07.1989 and she has also completed her 10th standard. The victim girl also stated that the accused person kidnapped her without her consent and performed their marriage in Thirupathi, then they moved to Tirupur to live together. When the accused’s wife snatched the thali tied on the neck of the victim girl and drove her away from Tirupur, the victim girl came back to her parents house on 17.03.2006 and made allegation against the accused. Thereafter, the complaint was made before the respondent police.

(ii) PW2 in her evidence narrated the events one by one stating that without the consent of her, she was forced to go with the accused person in his motor bike and reached Kancheepuram. From Kancheepuram they went to Thirupathi and in front of the temple they have performed their marriage and then they left to Tirupur to live together in the rented house and secured job for them. Thereafter, the accused wife chased her away from Tirupur by snatching her thali. Accordingly, in her evidence she had stated that without her consent she was taken to Kancheepuram then to Thirupathi and thereafter to Tirupur. The victim girl was unable to file a complaint due to the threat given by the accused person.

(iii) PW3 is the brother of PW2, supported the prosecution case. In his evidence, he deposed that he went along with the PW1 for filing the complaint against the accused person.

(iv) PW4 and PW