Advocates:
['M/S A G RAJAN', '', 'LEGAL AID COUNSEL', 'T V SAI SURJAN', '', 'C SANTHOSH KUMAR', 'S DEIVANEETHI', 'PUBLIC PROSECUTOR']

Crl.A.No.968 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON :24.11.2022

PRONOUNCED ON :01.12.2022

C O R A M

THE HONOURABLE MR.JUSTICE P.VELMURUGAN

Crl.A.No.968 of 2022

Periyasamy

...

Appellant

Vs.

State Rep. by

The Inspector of Police,

All Women Police Station,

Tirukovilur,

Kallakurichi District.

(Crime No.43/2018)

...

Respondent

PRAYER: Criminal Appeal is filed under Section 374 (2) of Cr.P.C. to set

aside the conviction and sentence made in S.C.No.136 of 2021, dated

28.07.2022 on the file of District Magalir Neethi Mandram (Fast Track

Mahila Court), Villupuram.

For Appellant

:

Mr.A.G.Rajan &

Mr.T.V.Sai Srujan (Legal Aid Counsel)

For Respondent

:

Mr.S.Sugendran APP

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Crl.A.No.968 of 2022

J U D G M E N T

This Criminal Appeal has been filed against the Judgment of

Conviction and Sentence, dated 28.07.2022, made in S.C.No.136 of 2021, by

the learned District Magalir Neethi Mandram (Fast Track Mahila Court),

Villupuram.

2. The specific case of the prosecution is that on 15.01.2018 at about

11.00 am except the victim, no one was in the house of the victim. At that

time, the appellant came to the house of the victim and made a false promise

to marry her and raped her. Thereafter on 20.01.2018 also when the victim

was in the agricultural field, the appellant came to that field and made a same

promise and forcibly raped her. Subsequently, the appellant's family made an

arrangement of marriage to him with some other girl and therefore, when the

victim informed to her parents, the victim's parents came to the appellant's

house along with village elders on 05.02.2018 and requested the appellant to

marry her, since he made a promise to her and also had a physical

relationship with her. But however, the Accused 2 to 4 scolded the parents of

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Crl.A.No.968 of 2022

the victim with filthy language and threatened them and hence, the complaint

was given before the respondent Police against all the accused.

3. The respondent-police has registered a case against the appellant/A1

in Crime No.43 of 2018 for the offences under Section 417, 376, 294(b) and

506(i) IPC and against Accused 1 to 4 for the offence under Section 294(b)

and 506(i) IPC. After investigation, charge sheet was laid before the learned

Judicial Magistrate, Sangarapuram, who in turn took the charge sheet on file

in PRC.No.1 of 2021. After completing the formalities, he committed the case

to the Court of sessions, since the offences are exclusively triable by a Court

of session and the same was taken on file in S.C.No.136 of 2021, on the file

of the Principal District and Sessions Court and made over to District Magalir

Neethi Mandram (Fast Tract Mahila Court), Villupuram, as the offence is

against a woman.

4. The learned Special Judge after completing the formalities framed

the charges against the appellant/A1 for the offence under Section 376 & 417

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Crl.A.No.968 of 2022

IPC and against the A1 to A4 for the offence under Section 294(b) and 506(i)

IPC.

5. During trial, in order to substantiate the case of the prosecution as

many as 13 witnesses were examined as PW-1 to PW-13 and 9 documents

were marked as Exs.P1 to Exs.P9 and no material object was exhibited.

After completing the examination of the prosecution witnesses when

incriminating circumstances culled out from the evidence of prosecution

witnesses were put to the accused by questioning under Section 313 Cr.P.C.,

wherein they have denied the same as false and pleaded not guilty. On the

side of the defence, no oral and documentary evidence was let in.

6. After considering the evidence on record and hearing on either side,

the Trial Court by judgment dated 28.07.2022, found that the appellant/A1

was guilty for the offence under Section 375 r/w 90/376, 417 IPC and

appellant/A1 was