Advocates:
['A ASHWIN KUMAR LEAGAL AID COUNSEL', '', 'FOR APPELLANT', 'PUBLIC PROSECUTOR']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 31.08.2019

Coram

THE HON'BLE MR. JUSTICE G.R.SWAMINATHAN

Crl.A.No. 467 of 2015

Rajesh

... Appellant

Versus

The State Rep by

Inspector of Police,

Muthupettai Police Station,

Thiruvallur District.

... Respondent

PRAYER:

This Criminal appeal is filed against the Judgment dated

17.09.2014 in Sessions Case No.26 of 2013, on the file of the

learned Sessions Judge, Mahila Court, Tiruvarur, convicting the

appellant for the offence under Section 376 of IPC and

sentencing the appellant to undergo 7 years Rigorous

Imprisonment.

For Appellant

:Mr.A. Aswin Kumar,

Legal Aid Counsel.

For Respondent

:Mr.T. Shanmuga Rajeswaran

Government Advocate(Crl side)

***

JUDGMENT

The appellant was convicted for the offence under Section

376 of I.P.C and sentenced to undergo 7 years Rigorous

Imprisonment and to pay a fine of Rs.1,000/- by the Judgment

dated 17.09.2014 on the file of learned Sessions Judge, Mahila

Court, Tiruvarur.

2. The case of the prosecution is that on 01.10.2007 at about

8.00 p.m the appellant committed rape on the victim girl who was

mentally retarded, and that the said incident was wi