SAMPANGI Vs. STATE

JUDGEMENT

(1.) THE revision petitioner was convicted by the learned Assistant Sessions Judge, Gudiyatham, Vellore District in S.C.No.8 of 1999 for an offence under Section 376 of IPC and sentenced to undergo 7 years rigorous imprisonment and to pay a fine of Rs.1,000/- in default to undergo 3 months rigorous imprisonment and the said conviction and sentence was confirmed by the learned Additional District and Sessions Judge (Fast Track Court), Vellore, Vellore District. Aggrieved by the said conviction and sentence, the revision petitioner has preferred this revision.

(2.) THE case of the prosecution is that PW1 Muthulakshmi was the victim in this case. When she was alone in her house, the accused who was residing in the opposite house asked her to fetch water. When she took water to him, the accused pulled her inside and bolted the door. THE accused gagged her mouth with one hand and undressed her by another hand. Immediately, the petitioner/accused squeezed her breast and forcibly committed rape on her.

(3.) THIS Court perused the extract of the marriage register for the marriage of the petitioner/accused and PW1 and also the affidavit filed by PW1 and also by PW3, the father of PW1. It appears that now the petitioner/accused and PW1 are living as husband and wife. Learned counsel for the petitioner/accused submitted that the petitioner had already been in jail for 261 days and also placed reliance on the decisions reported in 1992 (3) Crimes page 82 (Dashrath vs. State of Madhya Pradesh) and 2008 (1) SCC (Cri) 161 (Hasi Mohan Barman and another vs. State of Assam and another) for reducing the sentence on the accused for the period already undergone.