JUDGMENT

This Criminal Appeal has been preferred by the accused challenging the judgment of the Fast Track Court of Mahila Tiruppur in S.C.No.31 of 2012, dated 26.02.2015, in and by which he was convicted and sentenced as follows:

2. According to the case of the prosecution, on 12.06.2004 at abut 12 noon, PW2, the victim girl, who is the daughter of the defacto complainant/ PW1 was alone at her house. At that time, the appellant/accused trespassed into the house, locked it from inside and kissed her and thereafter he gagged her, pushed her down and ravished her.

3. On the complaint given by PW1-Subramanian, PW6, registered the case in Crime No.1252 of 2004 and prepared Ex.P5-FIR. PW7 took up the case for investigation and went to the place of occurrence and prepared the Observation Mahazar and Rough Sketch in the presence of witnesses and recovered the dresses worn by the victim during the time of occurrence and examined the victim and the other witnesses. Thereafter, PW7, arrested the accused at about 2 p.m., on 13.06.2004 and recorded his confession statement in the presence of witnesses. After completing the investigation, he filed the charge sheet against the appellant/accused for the offences under Sections 448, 341, 342 and 376(i) of IPC.

4. The evidence of prosecution witnesses reveal that the de-facto complainant was a wire man and his daughter is the victim herein, aged 13 years at the time of occurrence. On the date of occurrence, PW1 and his wife went outside by leaving the victim/daughter and later they came to know that the victim was ravished by the accused. The accused/Chandru used to come to his maternal aunt's house, which is nearby the house of the de-facto complainant's house. PW1 went there and enquired about the accused; the accused was hiding; after coming to know that he was there, PW1 gave a complaint to Police.

4.1. The victim was examined as PW2 and she had stated about the occurrence in her evidence that when she was alone at her home, she took bath and changed her dress. The accused was hiding in the house without the knowledge of the victim and after taking bath, the accused closed the door, kissed her, pushed her down, removed her dress and ravished her; at that time, her brother came and knocked the door by calling her; when PW2 slowly went and opened the door, the accused suddenly came and pushed her brother and ran outside; her brother brought their parents and thereafter PW2 narrated the event to her mother; her father took her to the Doctor for treatment and the Doctor treated her for injuries found on her private parts;

the Police also took her to the Government Hospital for medial examination.

4.2. PW5-Doctor who examined the victim, stated in her evidence that, her examination on the victim revealed abrasions measuring 0.03 cm on the right chest and 02 X 02 cm on her vaginal part; the hymen was not in-tact and she noticed contusion on her private part; the vaginal fluid collected and sent for chemical examination.

4.3. The brother of PW2 was examined as PW3 and he has stated that, on the day of occurrence, he was playing with his friends and he wanted to drink water and so he came and knocked the door of his house; since the door was not opened, he opened the window and saw the accused was sitting on his sister and after some time, his sister came crying and opened the door.

5. The learned co