RAJI Vs. STATE

JUDGEMENT

(1.) The revision petitioner was facing trial under Sections 354, 376 and 506(2), I.P.C. and convicted by the learned Assistant Sessions Judge, Vellore, North Arcot Ambedkar District in his Judgment dated 6-11-1992 in S.C. No. 47 of 1992, underSections 376 and 506(2), I.P.C., and sentenced him to undergo R.I. for 5 years and to pay a fine of Rs. 5000/- in default to undergo R.I. for one year in respect of the offence under Section 376, I.P.C. and to undergo R.I. for one year in respect of the offence under Section 506(2), I.P.C. On appeal the learned Additional Sessions Judge, Vellore North Arcot Ambedkar District in C.A. No. 182 of 1992, by his Judgment dated 16-8-1993, confirmed the conviction and sentence imposed on the petitioner in respect of the offence under Section 376, I.P.C. alone and set aside the order of trial Court in so far as the conviction and sentence imposed under Section 506(2), I.P.C. are concerned. Against the order of first appellate Court, the present revision has been preferred by the revision petitioner.

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

(3.) At 10.50 a.m. on 8-9-1989, P.W. 5 Doctor examined the victim girl/P.W. 1 and found nail marks on her both thighs and an injury on her private part. Ex. P2 is the wound certificate issued by P.W. 5 Doctor.