JUDGMENT :

A.D. JAGADISH CHANDIRA, J.

1. The Criminal Appeal has been filed against the judgment of conviction and sentence dated 30.7.2019 passed by the Special Judge/Principal District and Sessions Judge, Salem in S.C. No. 306 of 2015.

2. By the judgment of the Trial Court, the appellant stands convicted and sentenced as under:

The substantive sentences awarded was directed to be run concurrently.

3. Brief facts of the case evinced from the complaint and the version of the prosecution witnesses are as under:

(i) The de facto complainant/PW-1 and the accused/appellant were classmates in Thiyagaraja Engineering College, Salem during the period from 2008 to 2011. They started to move as friends at the inception and during the second year course, they fell in love.

(ii) On 21.3.2010, on the birth day of the de facto complainant, they went to the Kailasanathar Temple, Dharamangalam and when the de facto complainant was worshipping, the appellant had tied mangal sutra to her and on the same day, he had forcible sexual intercourse with her at her grandmother's house and thereafter, the appellant had sexual intercourse with her on several occasion resultantly, the de facto complainant was pregnant in the year 2010, however, it was aborted.

(iii) Later, the appellant had gone to Chennai on getting a job, after completing the course, however, they met once in fortnight and had sexual intercourse on those occasions, as a result, she was once again pregnant in the year 2014 and the same was also medically terminated and likewise, she got pregnant thrice and terminated her pregnancy at the instance and instigation of the appellant.

(iv) However, when the de facto complainant had demanded the appellant to marry her, the appellant had evaded the same initially by taking some vague reasons like his father's illness, his mother's dislike, etc., ultimately, he had bluntly refused on the ground that she belongs to a community which does not suit for their family and hence, she had lodged the complaint, Ex.P1 dated 11.6.2015.

(v) PW-19, Inspector of Police, All Women Police Station, Salem, on receipt of the complaint, Ex.P1, registered a case in Crime No. 11 of 2015 against the appellant for the offence punishable under Section 417 IPC, Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998 and Section 3(1)(x) of SC and ST (Prevention of Atrocities) Act, 1989 and the FIR is EX.P13. PW-19 had sent the original FIR and the complaint to the Mahila Court and copies to her higher officials.

(vi) Subsequently, as per the proceedings of the Superintendent of Police in Ex.P19, PW-20, the then Assistant Commissioner of Police, South Range (L&O), Salem took up the investigation. He proceeded to the scene of occurrence on 11.6.2015 at 5.30 p.m. and prepared observation mahazar, Ex.P6 and rough sketch, Ex.P14 in the presence of PW-7 Srinivasan and one Thangaraj. Thereafter, he had enquired PWs. 1, 5 and 6 and recorded their statements.

(vii) On 12.6.2015, having received information, PW-20 had arrested the accused at Salem Old Bus Stand in the presence of PW-15 Sekar, Village Administrative Officer and his Assistant Ravi. Thereafter, PW-20 had enquired the witnesses and recorded their statements and after recording the voluntary confession statement of the accused, remanded him to judicial custody. Thereafter, he had issued requisition to the Tahsildar for issuance of community certificate of the accused and the de facto complainant. The community certificate of the de facto complainant is Ex.P11 and that of the accused is Ex.P12. On 13.6.2015, he had enquired the witnesses, PW-8