Crl.A.(MD) No. 380 of 2015

Bail Slip

The Appellant / Sole Accused viz., Antony Xavier Raja was

directed to be released on Bail by the order of this Court dated

08/02/2016 and Made in MP.1 of 2015 in Crl.A 380 of 2015.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

JUDGMENT RESERVED ON

: 05.07.2021

JUDGMENT PRONOUNCED ON

: 29.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

Crl.A.(MD) No. 380 of 2015

Antony Xavier Raja

S/o.Siluvai Mariyan

: Appellant/Sole Accused

-vs-

State through

The Inspector of Police,

All Women Police Station,

Tiruchendur,

Thoothukudi District.

(Crime No.6 of 2011)

: Respondent / Complainant

PRAYER:- Criminal Appeal filed under Section 374(2) of the Code of

Criminal Procedure, to set aside the conviction and sentence passed

against the appellant by the learned Sessions Judge, Mahalir

Neethimandram (Fast Track Mahila Court), Thoothukudi, in Sessions

Case No.148 of 2015, dated 11.12.2015 and acquit the

Appellant/Accused.

For Appellant : Mr.M.Saravanan

For Respondent

: Mr.T.Senthil Kumar

Government Advocate (Crl.Side)

JUDGMENT

This Criminal Appeal has been filed against the Judgment and

Conviction dated 11.12.2015 by the learned Sessions Judge, Fast

Track Mahila Court, Thoothukudi in S.C.No.148 of 2015.

2. The facts, which are relevant for consideration in this

appeal, as per the prosecution case, are briefly as follows:

2.1. The prosecutrix and the accused are related to each other.

The accused used to visit the house of the prosecutrix often and

used to talk with her. On 19.07.2005 by around 11.00 a.m., when the

prosecutrix was alone in the house, the accused came to the house of

the prosecutrix and forcibly had intercourse with her. When the

prosecutrix scolded him, he consoled her saying that he will marry

her and he promised to marry her in the name of god. Also he had

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Crl.A.(MD) No. 380 of 2015

requested her not to disclose it to any one. Again on 27.07.2005 by

around 11.00 a.m., when the prosecutrix was alone in the house, the

accused came and forcibly took her to the field nearby and in the

guise of promise to marry her, had intercourse with her.

Thereafter, the accused had intercourse with the prosecutrix several

times. On 17.09.2005 by around 6.00 p.m., when the accused was

standing near the water tank, the prosecutrix approached him and

requested him to marry her, as he had raped her. The accused

refused to marry her. On 23.04.2006 the prosecutrix delivered a

male child in Christopher Hospital, Thisaiyanvilai. On 13.05.2011

by around 4.00 p.m. when the accused was sitting in front of St.

Antony's Church, the prosecutrix approached him and questioned him,

how he is making arrangement to marry another girl after cheating

the prosecutrix and her child. To this, the accused scolded her

and abused her in filthy language stating that he is not the father

of the child. Therefore, the prosecutrix approached All Women

Police Station, Tiruchendur and lodged a complaint under Ex.P-1.

Based on the complaint of the prosecutrix under Ex.P-1, P.W-12-Sub

Inspector of Police, All Women Police Station, had registered an FIR

under Ex.P-9 and sent the same to the Court of the learned Judicial

Magistrate, Sathankulam. P.W-12 placed the copy of the same to the

higher officials of police department. P.W-13-Rajamani, Inspector

of Police, All Women Police Station, Tiruchendur had taken up the

investigation of the case registered in Crime No.6 of 2011 of All

Women Police Station, Tiruchendur under Sections 417, 294(b) of IPC

and Section 4 of the Tamil Nadu Prevention of Harassment to Women

Act. He had examined the witnesses. Already, P.W-12-Rajakumari had

commenced the investigation, she had arrested the accused and

forwarded him to remand with remand request to the Court of the

learned Judicial Magistrate, Sathankulam.