KATHIRAVAN Vs. STATE REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The sole accused in S.C.No.278 of 2009 on the file of the Mahila Court, Chengalpattu, is the appellant herein. He stood charged for the offences under Sections 376 and 506(ii) IPC. When the appellant was questioned as to the charge, he pleaded not guilty and therefore, he was put on trial. The Mahila Court, Chengalpattu, after full-fledged trial, found him guilty of the offences and convicted the appellant under Section 376 IPC and sentenced him to undergo Rigorous Imprisonment for 7 years and to pay a fine of Rs. 2,000/-, in default, to undergo Rigorous Imprisonment for one (1) year and he was found not guilty of the offence under Section 506(ii) IPC. Challenging the said conviction and sentence, the appellant is before this Court with this Criminal Appeal.

(2.) The case of the prosecution, in brief, is as follows:-

(3.) The learned counsel for the appellant submitted that at the time of incident, the victim was 16 years old. As per the evidence of victim, P.W.1, her age was 16 years and as per the evidence of Doctor, P.W.7, the age of the victim was 15 -16 years at the time of occurrence. Further, P.W.7, in her cross-examination has admitted that the age determined as per radiological test may not be accurate and may vary between 6 months to 1 year. Moreover, when there was a consent for sexual intercourse, the offence under Section 376 is not attracted.