IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 13.10.2023 CORAM :

THE HON'BLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.A.No.263 of 2021 and Crl.M.P.No.5921 of 2021 ---

Murugesan ... Appellant/Accused Versus State Rep by The Sub Inspector of Police, Vellimedupettai Police Station, (Crime No.202/2001) ... Respondent/Complainant Criminal Appeal filed under Section 374 (2) of Cr.P.C., against the conviction under Section 376 IPC and sentence to undergo Rigorous Imprisonment for 7 years and also a fine of Rs.3,00,000/- imposed in default thereof a further period of Simple Imprisonment of 6 months by the learned Sessions Judge, Fast Track Mahila Court, Villupuram in S.C.No.320 of 2016, dated 04.03.2021.

For Appellant : Mr.Ravi Kumar Paul Senior Advocate for Mr.N.Paul Sunder Singh For Respondent : Ms.G.V.Kasthuri Additional Public Prosecutor

JUDGMENT

This Criminal Appeal had been filed to set aside the Judgment passed by the learned Sessions Judge, Fast Track Mahila Court, Villupuram in S.C.No.320/2016 dated 04.03.2021.

2. The learned Counsel for the Appellant submitted that the Appellant was convicted by the learned Sessions Judge, Fast Track Mahila Court, Villupuram in S.C.No.320/2016. The Accused was convicted for the offence under Section 376 IPC and sentenced to undergo Rigorous Imprisonment for seven years and fine of Rs.3,00,000/-, in default, to undergo Simple Imprisonment for six months. From the above amount, Rs.2,00,000/- was ordered to be paid to the victim and the remaining amount of Rs.1,00,000/- ordered to be paid to the daughter of the victim. No separate punishment is passed for the offences punishable under Sections 417 and 420 of IPC. The period of detention already undergone was set off under Section 428 Cr.P.C., 3. The brief facts, which are relevant for consideration as per the Prosecution, are as follows:

3.1. The victim had love affair with the Accused and on the pretext of false promise, the Accused had sexual intercourse with her. The victim got pregnant. The Accused refused to marry her. The victim convened a Panchayat. In the Panchayat, the Accused did not give proper answer. The victim lodged a Complaint under Ex.P-1 before P.W-6 Sub Inspector of Police, Vellimedupettai Police Station, Villupuram District. Based on which, FIR under Ex.P-2 was registered by P.W-6. P.W-6 Sub Inspector of Police conducted investigation and visited the place of occurrence, prepared the rough sketch under Ex.P-3 and Observation Mahazar in the presence of witnesses. He had arrested the Accused and forwarded him to medical examination with a requisition letter to the Doctor. He had also forwarded the victim/Prosecutrix to undergo medical examination. P.W-7 Dr. Sathiyapriya, Villupuram Government Hospital and Medical College, had examined the victim/Prosecutrix and issued Ex.P-4. P.W-9 Dr. M. Sridharan, Government Hospital at Tindivanam, had examined the Accused and issued Ex.P-5. After completion of investigation, P.W-6 forwarded the case to P.W-8 Inspector Police for further investigation. P.W-8 after completion investigation had laid the final report before the Court of the learned Judicial Magistrate No.I, Tindivanam.

3.2. The learned Judicial Magistrate No.I, Tindivanam, took cognisance of the final report for the offences under Sections 417, 406 and 420 of IPC. Since the offences are exclusively triable by the Court of Sessions, the learned Judicial Magistrate No.I, Tindivanam, had taken the final report filed by P.W-8 Inspector of Police, Vellimedupettai, as P.R.C.No.36 of 2016. On appearance of the Appellant/Accused, copies were furnished to him under Section 207 of Cr.P.C. Since the case is triable by the Court of Sessions, the case was committed to the learned Principal Sessions Judge, Villupuram and it was taken on file in S.C. No. 320 of 2016.

3.3. On appearance of the Appellant/Accused, the learned Principal Session Judge, Villupuram had made over the case in S.C.No.320 of 2016 to the file of the learned Sessions Judge,