PORCHEZHIA Vs. STATE

JUDGEMENT

(1.) The appellant, who is the accused in Sessions Case No. 400 of 2005 on the file of the learned Sessions Judge, Mahila Court, Chennai, stands convicted for an offence under Section 376(1) IPC and sentenced to undergo seven years rigorous imprisonment and to pay a fine of Rs. 25,000/-, in default, to undergo one year rigorous imprisonment and the fine amount should be paid as compensation to the victim girl -P. W. 1.

(2.) Aggrieved by the said conviction and sentence, the appellant/accused has preferred the above criminal appeal.

(3.) The case of the prosecution, in brief, is as follows:- P.W.l-Varalakshmi is the daughter of P.Ws.2 and 3 and she was aged about 18 years old at the time of occurrence. The accused is related to her. P.W. 1 and her parents were residing at Karaipettai in Kancheepuram District. The sister of the accused, who visited the village assured her to get a job for her in Chennai. On the assurance given by the sister and mother of the accused that they would secure a job for her in a S .T.D. Booth, P. W. 1 -victim girl came to Chennai and she stayed in the house of the accused from 21.12.2002. But, she could not secure a job. Another sister of the accused by name Maheswari was working in a S.T.D. Booth. As there was no possibility of getting job, P.W. 1 wanted to return back to her village. In the meantime, on 5.1.2003, as the brother of the accused went to Sabarimalai temple, all the inmates except P.W. 1 had gone to the temple. Therefore, P.W.I alone was in that house and she received a phone call from the sister of the accused Maheswari to send somebody to bring her back to the house from the S.T.D. Booth, since it was late night. When the accused came to the house at about 9.00 p.m., P.W. 1 informed him about the phone call made by Maheswari. The accused asked P.W.I to accompany him to go and bring Maheswari from the S.T.D. Booth. P.W.I went along with the accused and on the way near K.P. Park, since it was dark, taking advantage of the said situation, the accused pulled her hand and took her nearby the corner of the said ground and raped her in spite of her cry. She became unconscious and after some time, she regained conscious and questioned the accused as to why he did like this to her. The accused promised her on god that he would marry her and asked her to go to her village and also asked her to give her phone number. The accused also threatened her not to disclose the incident to anyone. In spite of the threat made by the accused, the next day, P.W.I informed about the incident to the mother of the accused and also to her sister-in-law, and she was taken to her village. P. W. 1 also informed about the incident to her mother and the mother of the accused was summoned to the village and there was a talk. The mother of the accused also agreed for the marriage of her son with P. W. 1. Though the mother of the accused left the village by saying that she would return with a proposal within four days, she did not return back. The mother of the victim girl scolded her for bringing disrepute to the family. Therefore, P. W. 1 made an attempt to commit suicide by consuming poison. On 24.2.2003, P.W.I was admitted in the Government Hospital at Kancheepuram and was rescued and discharged on 26.2.2003. (ii) P.W.7- Dr. Jeevanantham, had examined the victim girl-P.W.l and issued Exhibit P-8-Accident Register. After recovery, P. W. 1 came with her father to Chennai and gave a complaint under Exhibit P-l on 4.3.2003 in B.4, Basin Bridge Police Station. (Hi) P.W.I 0-Rajaram, the Inspector of Police received the complaint from P.W.I on 4.3.2003 and registered a case in Crime No. 119 of 2003 for an offence under Section 376 I.P.C. against the accused. Exhibit P-12 is the First Information Report. He took up the case for investigation and recorded the statements of the victim and other witnesses. He also gave requisition for the medical examination of P.W.I. On 6.3.2003, P.W.9-Dr.Thageera Begum examined P.W.l-victim girl and noted the following:-