JUDGMENT :

B. Pugalendhi, J.

1. The appellant, who is the sole accused, was charged for the offence under Sections 394 r/w 398 IPC and tried before the Assistant Sessions Court, Virudhunagar, in S.C. No. 13 of 2013 and the trial Court, by order dated 17.02.2014, found the appellant/accused guilty under Sections 394 r/w 398 IPC, convicted and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1000/-, i/d to undergo rigorous imprisonment for one year. As against the conviction and sentence imposed upon him, the appellant has preferred the instant appeal.

2. The case of the prosecution, in a nutshell, is as follows:

2.1. According to the prosecution, PW1, namely, Mariyammal, along with her sister, namely, Subbulakshmi and her husband, namely, Sambathkumar were travelling in Pothigai Express from Chennai to Shencottai on 02.03.2012. On the next day, i.e., on 03.03.2012, at about 08.00 am, when PW1 returned from the latrine, the accused, at knife point, pushed her into the latrine and attempted to snatch the chain from the victim [PW1]. On the hue and cry raised by PW1, PW2 and others rushed to the latrine, rescued PW1 from the accused and at that time, the accused managed to escape and jumped out of the train. PW2, immediately, pulled the chain and stopped the train.

2.2. PW4, the Railway Constable, who was travelling in the train, took the victim [PW1] to the Government Hospital, Kadayanallur, where she was provided first aid treatment and thereafter, she was shifted to the Government Hospital, Tirunelveli. On the intimation given by the Government Hospital, Kadayanallur, the Sub-Inspector of Police [PW7] went to the Hospital at about 12.30 noon and found that the victim was shifted to Government Hospital, Tirunelveli and went to the Government Hospital, Tirunelveli and recorded the statement of PW1 [Ex. P1] around 03.00 pm and registered the case in Crime No. 38 of 2012, on 03.03.2012, at about 06.00 pm, for the offence under Sections 397 & 511 IPC.

2.3. The Inspector of Police, Railway Police Force, Virudhunagar [PW8], on receipt of the information, went to the Government Hospital, Palayamkottai and recorded the statements of the witnesses, PW1, PW2 and his wife and thereafter, went to the place of occurrence on 04.03.2012 at about 06.00 am and prepared the observation mahazar [Ex. P3] and a rough sketch [Ex. P7] in the presence of witnesses PW3 and another. PW8, thereafter, went to the Government Hospital, Palayamkottai and arrested the accused, who was taking treatment in the Hospital, in the presence of PW2 and one Selvam, at about 03.30 pm. He also examined the Doctor and other witnesses and collected the wound certificate and after obtaining the opinion from the Assistant Director of Prosecution, Tirunelveli, filed the final report as against the accused on 16.07.2012 for the offence under Sections 394 & 398 IPC.

2.4. During the trial, eight witnesses were examined on behalf of the prosecution and seven documents were marked and one material object, i.e., the knife recovered from the accused, was produced.

3. The available evidence on the side of the prosecution, is as follows:

(i) PW1, namely, Mariyammal, is the victim and she speaks about the occurrence and the lodging of the complaint [Ex. P1]. She also identified the weapon MO1.

(ii) PW2, namely, Sambathkumar, is the sister's husband of PW1, who accompanied PW1 in the train. He also speaks about the arrest and recovery of the knife [MO1].

(iii) PW3, namely, Rasu, is the witness for the observation mahazar and sketch prepared by the investigation officer at the place of occurrence.

(iv) PW4, namely, Roy, is the Railway Constable, who travelled in the train on the date of occurrence and also took the victim [PW1] to the Government Hospital, Kadayanallur.

(v) PW5, namely, Kalarani, is the Gate Keeper of Mangalapuram Railway Gate, near which the accused jumped out of the train and the train was stopped there.

(vi) PW6, namely, Shanmugaiya, is the Docto