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This Criminal appeal arises out of the Judgment of conviction and sentence dated 01.03.2007 in S.C.No.121 of 2002 on the file of the Additional Sessions Court (Fast Track Court), Dharmapuri, whereby the appellant/accused was convicted and sentenced as follows:

offence under Section Sentence 376 IPC To undergo seven years rigorous imprisonment and to pay a fine of Rs.1,000/- in default in payment to undergo three months simple imprisonment.

417 IPC To undergo one year rigorous imprisonment.

The sentences are ordered to be run concurrently.

(vi)P.W.8/Suresh Kumar, Inspector of Police, took up the matter for further investigation. He sent Ex.P12 requisition to the learned Judicial Magistrate No.II, Dharmapuri to send the seized material objects for chemical examination. Ex.P13 is the requisition sent by the learned Judicial Magistrate No.II, Dharmapuri and the serological report was marked as Ex.P14 and chemical report was marked as Ex.P15. After completing investigation, he laid charge sheet against the accused for offences under Sections 376 and 417 IPC.

(i) As per the evidence of P.W.2/victim girl, she was completed 18 years at the time of occurrence and hence, she is a consenting party to have sexual intercourse. So the offence under Section 376 IPC is not made out.

(ii) Since P.W.2 is a consenting party to have sexual intercourse, offence under Section 417 IPC is also not made out.

(iii) Non examination of the Priest Arulraj, who is alleged to be performed the marriage of P.W.2 and appellant and mother of P.W.2 are fatal to the case of prosecution.

From the above extract, it is clear that ingredients of Section 415 IPC by deceiving P.W.2 to harm the person in body, which amounts to cheat have been made out. Therefore, the trial Court has rightly convicted the appellant/accused for offence under Section 417 IPC. The conviction and sentence passed by the trial Court in respect of 417 IPC is hereby confirmed.

19.Considering the aforestated circumstances of the case, I am of the view, the prosecution has proved that the appellant/accused is guilty for offence under Sections 376 and 417 IPC beyond reasonable doubt. The trial Court has considered all the aspects in proper perspective and rightly convicted and sentence the appellant/accused as stated above. So the judgment of conviction and sentence passed by the trial Court does not warrant any interference and it is hereby confirmed and this appeal is dismissed as devoid of merits.