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8 The victim girl X was aged about 17 years when the incident took place. In the complaint (Ex.P.1) lodged by her, the victim girl X has not given the exact date of the incident, but, has stated that a year ago, the accused had ravished her in Kavitha's house. However, in the charge framed by the Trial Court, the date of the incident is given as 09.07.2007 at 2.00 p.m. In her evidence before the Court, the victim girl X has stated that on 02.03.2007, around 2.00 p.m., when she was alone in Kavitha's house, the accused came there, bolted the door from side, switched on the television, increased its volume, cajoled her to have sex with him on the promise of marrying her, lifted her underskirt and forcibly had sex with her; thereafter, he promised that he would marry her and continued to have sex with her in Kavitha's house. She has further stated that on one occasion, when they were in a compromising position in Kavitha's house, they were caught by Kalaivani (P.W.7) and Kaveri Ammal (P.W.8). She has further deposed that she came to know that the accused got married to Mahalakshmi and when she questioned the accused near the temple, he intimidated her and thereafter, she lodged the complaint (Ex.P.1) to the police.

10 Kalaivani (P.W.7), in her evidence, has stated that four years ago (she gave evidence on 19.01.2012), when she and Kaveri Ammal (P.W.8) were passing by the house of Kavitha, she heard a loud TV noise from Kavitha's house and hence, peeped into the window and found the victim girl X and the accused in a compromising position; she knocked the door which was opened by the victim girl X; when she questioned the victim girl X, she told her that the accused is going to marry her and that is why, she was having sex with him. In her cross-examination, Kalaivani (P.W.7) has stated that she saw the incident at 7 p.m. She has further stated that she informed the parents of the victim girl X about this incident.

11 Kaveri Ammal (P.W.8), in her evidence, has stated that she lives in the neighbourhood and four years ago, when she and Kalaivani (P.W.7) were crossing the house of Kavitha, she heard a loud TV noise from her house and when she peeped in, she saw the duo in a compromising position and that she informed this to the mother of the victim girl X immediately.

12 In the cross-examination, when Kaveri Ammal (P.W.8) and Kalaivani (P.W.7) were questioned as to whether any panchayat was done in the village to settle the issue, they answered in the negative.

20 From a careful analysis of the evidence of Kalaivani (P.W.7) and Kaveri Ammal (P.W.8), this Court is of the view that they had not seen the accused and the victim girl X when they were in a compromising position on the first occasion. They have caught the duo only on a subsequent occasion and soon after that, they have informed the matter to Annapoorani (P.W.3), the mother of the victim girl X. After the cat was out of the bag, the possibility of the victim girl X being subjected to abuse by the accused would not have been there.