JUDGMENT :

1. This appeal has been filed to set aside the judgment of conviction and sentence dated 28.04.2014 made in S.C.No.125 of 2013 on the file of the learned Sessions Judge. i/c Mahila Court, Cuddalore District, finding the appellant guilty for the offence u/s.376 and 417 I.P.C and convicting and sentencing the appellant to undergo 7 years rigorous imprisonment and to pay a fine of Rs.5,000/- and in default to undergo 6 months rigorous imprisonment u/s.376 IPC and to undergo 1 year rigorous imprisonment for the offence u/s.417 I.P.C. and also directed to pay a sum of Rs.2 Lakhs as compensation u/s.357(3) Cr.P.C. to be paid to P.W.1 and in the event of her refusal to accept the amount, to pay the same to the Government.

2. The brief facts of the case are as follows :-

On 14.09.2012, the prosecutrix / victim had given a complaint to the respondent which was taken up in C.S.R.No.171 of 2012. As per the complaint, she had stated that she was in love with the appellant / accused for the past eight years and that during the year 2011, the appellant / accused had induced her on the false assurance of marrying her and had sexual intercourse with her in her house on several occasions, due to which, she had become pregnant. When she had requested him to marry her he had told her that he would marry her only if she aborts her pregnancy, believing him, she had aborted the pregnancy and subsequently on the assurance that he would marry her during the next year had continued to have sexual intercourse with her due to which she became pregnant again during January 2012. Subsequently, when she had requested the appellant / accused to marry her, he had told that she has got elder sisters in her house and that her father would not give any seer for the marriage and at that time the appellant's elder sister (A4) who was nearby had shouted at her and abused her saying that she would find another bride for her brother. When the prosecutrix / victim / P.W.1 had cried, the Appellant's elder brother (A2) and his wife (not charged), his sister (A4) and the mother (A3) had assaulted her and threatened her saying that they would do away with her and fearing danger to her life she had run away from the place and had informed her relatives and thereafter given a complaint to the respondent police.

The respondent police though originally registered the complaint in C.S.R.No.171 of 2012 thereafter registered a case in Crime No.19 of 2012 for the offence u/s.417, 376, 352, 109 IPC against the appellant / accused and his relatives and after completion of investigation filed the final report before the learned Judicial Magistrate No.1, Panruti against the appellant / accused, his elder brother(A2), mother (A3) and sister (A4) of the appellant for the offence u/s.376, 312, 417, 376 r/w 109, 352, 502(ii), 417 r/w. 109 I.P.C.

The learned Judicial Magistrate took up the case in P.R.C.No.2 of 2013 and after completing formalities u/s.207 Cr.P.C. finding that the case is triable by the Court of Sessions, committed the case to the file of the learned Sessions Court / Mahila Court, Cuddalore. The trial Court took the case on file and after questioning the accused, framed charges against the appellant/ 1st accused for the offence u/s.376, 312, 417 I.P.C. and against the 4th accused for offence u/s.376 r/w 109 I.P.C. and against the 2nd & 4th accused for the offence u/s.352 I.P.C and the 3rd accused for offence u/s.506(2) I.P.C. and 2 to 4 accused for the offence u/s.417 r/w.109 I.P.C.

3.When questioned, the accused denied the charges and sought to be tried. In order to substantiate the accusation, the prosecution examined P.W.1 to P.W.9 and marked Ex.P1 to Ex.P9. On completion of the evidence tendered by the prosecution, the accused were questioned under Section 313 Cr.P.C as to the incriminating substances found in the oral and material evidence of the prosecution and the accused had come out with the version of total denial. However, no witness was examined on the s