Bail Slip in Crl.A.No.186 of 2015

The Petitioner/Accused K.Chandru male 30 years

S/o.Karuppiah was directed to be released Bail vide order dated

09/06/2015 in MP.1/2015 in Crl.A.No.186/2015 on file of this

Court.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2021

CORAM

THE HONOURABLE Ms.JUSTICE R.N.MANJULA

Crl.A.No.186 of 2015

K.Chandru

... Appellant

Vs

State rep. by

The Inspector of Police,

Tirupur North Police Station,

Tiruppur.

[Crime No.1252 of 2004]

... Respondent

PRAYER: This Criminal Appeal is filed under Section 374(2) of

Cr.P.C., against the judgment of the learned Judge, Fast Track

Court of Mahila Tiruppur in S.C.No.31 of 2012, dated 26.02.2015.

For Appellant :Mrs.D.Prasanna

Legal Aid Counsel

For Respondent

:Mr.A.Gopinath

Government Advocate (Crl.Side)

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:

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Sl.

No.

Offence under

Sections

Punishment imposed passed by the

trial Court

1

448 IPC

To pay a fine of Rs.1000/- in

default to undergo one week Simple

Imprisonment

2

341 IPC

To pay a fine of Rs.500/- in

default to undergo one week Simple

Imprisonment

3

342 IPC

To pay a fine of Rs.1000/- in

default to undergo one week Simple

Imprisonment

4

376(i) IPC

Sentenced to undergo 2 years

Rigorous Imprisonment and to pay a

fine of Rs.25,000/-, and in

default,

to

undergo

Simple

Imprisonment for another one month.

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

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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 brot