JUDGMENT :

R. PONGIAPPAN, J.

1. The present appeal is directed against the conviction and sentence dated 19.03.2015, made in S.C. No. 111 of 2013, on the file of the learned Sessions Judge [Fast Track Mahila Court] Ramanathapuram.

2. The appellant is the sole accused. He stood charged for the offence under Sections 376 and 417 I.P.C. and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002. After full-fledged trial, the trial Court came to the conclusion that the appellant is found guilty under Sections 417 and 376 I.P.C. In respect of the offence under Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002, the trial Court acquitted the accused. After concluding as above, for the offence under Section 417 I.P.C. the trial Court convicted the accused and sentenced him to undergo rigorous imprisonment for one year. As far as the offence under Section 376 I.P.C. is concerned, the accused has been convicted and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 25,000/- in default, to undergo simple imprisonment for two years.

3. Challenging the said conviction and sentence, the appellant/accused is before this Court with this Criminal Appeal.

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

(i) PW-1 is the victim girl. The accused is residing in the same Village, wherein PW-1 was residing. Before the occurrence, over the period of one year, both of them fell in love with each other. During the relevant point of time, around 12 o'clock, in the midnight when PW-1 was in her home, the accused came there and pull the hands of PW-1 and afterwards, both of them were went to Tippas Oorani, wherein they indulged in the sexual intercourse. After the said occurrence, when at the time, PW-1 was crying, the accused pacified her by saying that he would definitely marry her. Further, he instructed PW-1 not to disclose the same to others. Thereafter, regularly both of them had sexual intercourse in the same place and as a result of which, she becomes pregnant. After she got pregnant, the accused refused to marry her. Hence, PW-1 reported the occurrence to her parents.

(ii) Immediately, after knowing the occurrence, the parents of the victim girl approached the accused and his family members, wherein the accused refused to marry PW-1 and ultimately, on 01.08.2010 around 05.15 p.m. PW-1 lodged a complaint before the respondent Police under Ex.P.1.

(iii) On receipt of the said complaint, PW-7 Selvi, the then Sub- Inspector of Police, Abiramam Police Station, registered a case against the accused in Crime No. 73 of 2010 under Sections 417 and 376 I.P.C. read with Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002. The printed F.I.R. is marked as Ex.P.4. After registration of the case, she handed over a copy of the F.I.R. to PW-10 for further investigation.

(iv) PW-10 Thiru. Paulraj, the then Inspector of Police, Abiramam Police Station, on receipt of the said F.I.R. took up the same for investigation. He visited the scene of occurrence, wherein in the presence of witnesses, he prepared an Observation Mahazar [Ex.P.2]. He drew the Rough Sketch and the same was marked as Ex.P.12. He examined the witnesses and recorded their statements. On the same day around 21 hours, in Natham Bus Stand, he arrested the accused and sent him to remand. On 02.08.2010, he submitted an application before the learned Judicial Magistrate, praying to conduct medical examination to the victim girl as well as to the accused.

(v) In turn, in view of the proceedings issued by the learned Magistrate, PW-5 Dr. Karuppasamy admitted the accused in the Hospital, for medical examination and afterwards, PW-8 Dr. Andachokalingam attached to the Government Hospital, Ramanathapuram, medically examined the accused and issued an Accident Register copy under Ex.P.5, stating as nothing to suggest that the accused is impotent, further, he has stated that there is no evidence for recent sexual intercourse.