- (1.) The appellant, Karthi @ Karthick was convicted for the offences under Sections 376 and 417 of the Indian penal Code, 1860 by the Assistant Sessions Judge, Virudhunagar in Sessions Case No.119 of 2004 by an order dated 30.11.2004. The aforesaid conviction was affirmed by the Additional District and Sessions Judge (Fast Track Court), Virudhunagar, in Criminal Appeal No.2 of 2005, by an order dated 1.6.2005. The appellant's Revision Petition (Criminal Revision Case No.439 of 2005) was dismissed by the Madurai Bench of the Madras High Court on 18.12.2006. The appellant has approached this Court to assail the orders passed by the Trial Court, the appellate Court and the Revisional Court.
(2.) The accusation in the instant controversy was levelled, first of all, by the prosecutrix Poomari (PW1). At the time of occurrence, she was aged between 18 to 20 years. She was then a resident of Achampatti. The prosecutrix Poomari (PW1) had pointed an accusing finger, at the accused-appellant Karthick. The accused appellant was aged above 20 years at the time of occurrence. He was also a resident of Achampatti. The accused-appellant Karthick, besides being a neighbour of the prosecutrix Poomari (the prosecutrix Poomari (PW1)) also belonged to the same caste as the prosecutrix.
(3.) From the factual position emerging from the record of this case, it appears that the prosecutrix Poomari (PW1) had lost her mother in early childhood. At the relevant time, therefore, she was living with the family of her brother Manikannan (PW2) and sister-in-law Pitchumani (PW3), (wife of Manikannan, PW2). The father of the prosecutrix Poomari (PW1), i.e., Muthukaruppa Thevar (PW4) was then, also residing in the same house.;