J U D G M E N T

This Criminal Appeal has been filed to set aside the conviction and sentence passed in S.C.No.111 of 2017, dated 27.09.2021, by the learned Sessions Judge, District Mahila Court (Mahila Fast Track Court), Villupuram.

2. The respondent police registered the case in Crime No.5 of 2016 for the offences under Sections 342, 376 and 506 of IPC. After completing the investigation, respondent police have filed charge sheet before learned Judicial Magistrate, No.2, Villupuram. The learned Magistrate, Villupuram taken the charge sheet on the file in PRC No.39 of 2016. After completing the formalities, the learned Magistrate committed the case to learned Principal District and Sessions Judge, Villupuram, since the offences are exclusively triable by the Court of Session. The learned Principal District and Sessions Judge, Villupuram, taken the case on file in SC No.111 of 2017 and madeover the same to the Mahila Fast Track Court, Villupuram, since the offences are against woman.

3. The learned Sessions Judge after completing the formalities framed the charges against the appellant for the offences under Sections

448 and 376 of IPC.

4. After framing the charges, in order to substantiate the charges framed against the appellant, during trial, on the side of the prosecution as many as 12 witnesses were examined as PW 1 to PW 12 and 12 documents were marked as Ex. P1 to P12. Besides that 7 material objects were exhibited as MO1 to MO7 on the side of the prosecution.

5. After completing the examination of prosecution witnesses, when the incriminating circumstances culled out from the evidence of prosecution witnesses were put to the appellant by questioning under Section 313 of Cr.P.C, wherein he denied the same as false and pleaded not guilty. On the side of the defense, no oral and documentary evidence was produced.

6. Hearing the arguments advanced on either side and considering the materials, the trial court found guilt of the accused for the offence under Sections 448 and 376 of IPC and the accused was convicted and sentenced to undergo 1 year of rigorous imprisonment for the offence punishable under Section 448 of IPC and sentenced to undergo 9 years of rigorous imprisonment and pay fine of Rs.2,00,000/- for the offence under Section 376 of IPC and ordered to pay the fine amount of Rs.20,000/- to the victim as compensation in addition to the amount of Rs.1,00,000/- already paid to the victim as compensation.

7. Challenging the said judgment of conviction and sentence passed by the trial court, the accused has filed the present appeal.

8. The specific case of the prosecution is that, on 25.02.2016 at about 12.00 pm, when the victim was washing clothes in her house, the appellant came into her house and locked the door inside and tied her hand on the back side with a cloth and committed rape. At that time, the mother of the victim came back from work and saw the door was closed inside and knocked it. Since there was no response from her daughter, she grabbed a stick and opened the door. When she entered into her house, she saw the appellant lying on the victim. On seeing the same, the mother of the victim raised her voice for help, immediately her neighbours came there and assaulted the appellant. Subsequently, they decided to file a complaint against the appellant. Thereafter, the victim was taken to the hospital and from there the respondent police was informed about the same. The respondent police came to the hospital and recorded the statement from the victim and registered the case.

9. The learned counsel for the appellant would submit that PW1 lodged a complaint through statement on 25.02.2016 after 22 to 30 hours of the alleged occurrence and then a case was registered against the appellant for the offences under Sections 342 and 376 of IPC in Crime No.5 of 2016 on the file of the respondent police. On the same day, the defacto complainant/victim was sent to the Government Hospital, Mundiambakkam with lady Constable No.523. A