PARAMASIVAN Vs. STATE

JUDGEMENT

(1.) The Criminal Appeal has been preferred against the judgment dated 04.02.2005, made in S.C. No. 577 of 2000, on the file of the learned Additional Sessions Judge, Mahila Court, Tirunelveli District, whereby the trial Court convicted the Appellant/accused to undergo five years Rigorous Imprisonment for the offence punishable under Sections 376 r/w 511 of I.P.C.

(2.) As per the prosecution case and the charge framed, it is revealed that on 30.08.1998 at about 10.30 p.m. at Pulavanoor Village, Nainar Koil Street, infront of the house of the witness P.W.4 Chellappa @ Soochamudaiyan, while the victim girl P.W.1 Sakthi @ Sakthi Selvam aged about 13 years was sleeping, the Appellant/accused Paramasivan tress passed into the thatched shed with an intention of committing rape on the victim girl, caused the offence. However, the complaint was given only on 19.09.1998 at 17 Hrs and the FIR was received by the Judicial Magistrate, Ambasamudhram only on 21.09.1998.

(3.) It is seen that the charge was framed against the Appellant/accused under Section 376 of I.P.C and after furnishing copies of documents relied on by the prosecution under Section 207 Cr.P.C, as the Appellant/accused pleaded not guilty, the case was posted for trial. On the side of the prosecution P.W.1 to P.W.10 were examined, the alleged victim girl Sakthi @ Sakthiselvam was also examined as P.W.1, apart from marking Ex.P.1 to Ex.P.12 and M. Os.1 to 3. No witness was examined and no document was marked on the side of the Appellant / accused before the trial Court.