JUDGMENT

The appellant/sole accused was charged and tried before the Sessions Judge, Mahalir Neethimandran (Fast Track Mahila Court), Thoothukudi, for the offences u/s 417, 420 and 376 IPC and on being found guilty, the appellant/sole accused was convicted and sentenced to undergo rigorous imprisonment for a period of 1 year together with a fine of Rs.5,000/-, in default, to undergo rigorous imprisonment for a period of six months for the offence u/s 417 IPC alone. However, the trial Court finding that the charges for the offences under Sections 376 and 420 IPC were not proved, acquitted the accused under Section 235(1) Cr.P.C. Set off, as applicable u/s 428 Cr.P.C, was ordered. The appellant/sole accused, aggrieved by the said conviction and sentence, has preferred the present appeal.

2.For the sake of convenience, the parties are referred to by their own ranking before the trial Court.

3.The case of the prosecution as unfolded from the evidence available on record, is as under :-

(i) The victim/P.W.1, Thommaiyasiyal is residing with her brother Rayappan in Athisayapuram village. The victim/P.W.1 and the appellant/accused were working as Coolies in the brick Kiln in Eral. The appellant/accused, who is a married man, told the victim/P.W.1 that his wife deserted him and gave a false promise that he would marry her.

(ii) On 25.03.2011, at 06.00 O' Clock, the appellant/accused on the false promise of marrying her forcibly had sexual intercourse with her in the thatched hut in the brick Kiln. Likewise, the appellant/accused had sexual intercourse with the victim/P.W.1 on several times. The victim/P.W.1 was under the belief that he would marry her and so subjected herself to the appellant/accused.

(iii) Thereafter, on 10.09.2011 at 09.30 a.m, the appellant/accused told that he needed money for marriage and borrowed 3½ sovereigns gold and Rs.30,000/- in cash from her and thus, cheated her dishonesty. Hence, P.W.1/victim gave the complaint (Ex.P.1) to the P.W.10 / Special Sub-

Inspector of Police

4. On receipt of Ex.P1 / Complaint, P.W.10 / Special Sub Inspector of Police registered the FIR in Crime No.44 of 2013, for the offences under Sections 417, 420, and 376 of IPC., on 23.02.2013, thereafter, P.W.10 / Special Sub-Inspector of Police handed over the investigation to P.W.11 / Inspector of Police, who took up the investigation, leading to filing of the charge sheet against the accused.

5. On receipt of final report by the prosecution, the learned Judicial Magistrate, Srivaikundam, taken the case on file, as P.R.C.No.37 of 2013.

6. Since the offences committed by the accused are triable by the Court of Sessions, the learned Judicial Magistrate, Srivaikundam, has committed the case along withe entire records to the learned Sessions Judge, Mahalir Neethi Mandram (Fast Track Mahila Court), Thoothukudi, which was taken on file in S.C.No.187 of 2013.

7. The appellant/accused was furnished with the relied upon documents u/s 207 Cr.P.C and the case was committed to the Court of Sessions, which was thereafter made over to the Mahalir Neethimandran (Fast Track Mahila Court), Thoothukudi, and charges u/s 417, 420 and 376 IPC were framed. When questioned, the accused pleaded not guilty.

8. To prove the case, the prosecution examined P.Ws.1 to 11, marked Exs.A-1 to A-8 and no material objects were marked. When the accused was questioned u/s 313 Cr.P.C. about the incriminating circumstances appearing against him, he denied the same as false. On the side of the accused, neither any oral evidence nor any documentary evidence was adduced.

9. The trial Court, after hearing either side and after considering the materials, both oral and documentary, available on record, acquitted the appellant/accused in respect of the offences under Sections 376 and 420 IPC and convicted him for the offence under Section 417 IPC alone. Aggrieved by the said conviction and sentence recorded by the trial Court, the appellant/accused has filed the present appeal.

10.Mr.K.Ganesan, t