JUDGMENT :

Prayer: This Criminal Appeal is filed under Section 374(2) of the Code of Criminal Procedure, against the conviction and sentence passed by learned Sessions Judge, Mahila Court, Thoothukudi in S.C.No.35 of 2015, dated 23.02.2016.

1. This present criminal appeal is directed against the conviction and sentence dated 23.02.2016 made in S.C.No.35 of 2015 on the file of the learned Sessions Judge, Mahila Court, Thoothukudi.

2. The appellant is arrayed as first accused and his parents are arrayed as accused Nos.2 and 3 (now acquitted) in the above referred case. They stood charged for the offence punishable under Sections 417, 376 and 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act. After full-fledged trial, the learned Sessions Judge, Mahila Court, Thoothukudi, came to the conclusion that the appellant is found guilty for the offence under Section 376(1) of IPC and sentenced to undergo 10 years rigorous imprisonment and to pay a fine of Rs.3,000/-, in default, to undergo three months rigorous imprisonment. For the remaining charges against the first accused and in respect to the charges framed against the accused Nos.2 and 3, the learned Trial Judge passed an order of acquittal. Challenging the said conviction and sentence, the appellant is before this Court with the present Criminal Appeal.

3. For the sake of convenience, the appellant hereinafter is called as accused.

4. The case of the prosecution in brief is as follows:-

(i) PW1-victim is a resident of Maruthanvazhvu. She is known to the accused. The accused herein is her aunt's son. She was married to one Jebamain in the year 2007 and as there was misunderstanding between them, she obtained divorce and she was living with her mother. Her mother is disabled woman and she does not have father. In the year 2013, after the celebration of Deepavali festival, when at the time PW1 was in Maniyachi Railway Station to catch the train, the accused came there and asked her mobile number, further, without getting any consent from PW1, the accused took PW1's mobile phone and made call to his mobile. Thereafter, the accused had regularly chat with PW1 by using the mobile phone. He met the PW1 in Coimbatore regularly.

(ii) In the month of December-2013, both PW1 and the accused had jointly came to their native place. One day, when PW1 was in village garden, the accused came there and wanted to speak about the marriage of PW1. Consequentially, after made assurance for marrying her, the accused compelled her to commit sexual intercourse with him. Though PW1 made resistance for the said act, she was unable to restrain the accused. During the time, when PW1 was crying, the accused made a promise that he is ready to marry her, after getting consent from his parents. The said occurrence was witnessed by one Selvi, who is PW1 aunt's daughter. After knowing the entire incident, she advised PW1 and the accused to make necessary arrangements for early marriage. Subsequent to that, in one another occasion, the accused requested PW1 to give the chain and got the same. Consequentially, when at the time PW1 requested for performing the marriage, the accused refused to marry PW1. Thereafter, PW1 told about the entire occurrence to her parents. Ultimately, she lodged the complaint under Ex.P1, before PW10.

(iii) PW10-Annalakshmi, the then Sub Inspector of Police, All Women Police Station, Kadambur, on 01.04.2014 around 13.30 hours, on receipt of the complaint given by PW1, registered the case against the accused in Crime No.4 of 2014 under Sections 417, 376, 294(b), 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act. The printed FIR was marked as Ex.P7. Then, she submitted the said FIR before PW-11 for investigation. PW11-Lakshmi Prabha, the then Inspector of Police, All Women Police Station, Kadambur, on receipt of the said FIR on the same day around 03.00 pm, visited the scene of occurrence and in the presence of witnesses, she prepared an