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This Criminal Revision Case has been preferred challenging the judgment of the learned Sessions Judge, Thiruvannamalai, dated 12.04.2016 made in C.A.No.1 of 2008, which was confirmed by the judgment of the learned Additional Assistant Sessions Judge, Thiruvannamalai, dated 17.12.2007 made in S.C.No.26 of 2007.

2. The revision petitioner before me was the 1st accused before the trial Court. The short facts of the prosecution is that PW.4/ the victim girl was an orphan, living under the custody of her grand father/PW.5. Somewhere in the year 2004, while the victim girl was playing in the village temple during Deepam festival, the accused 1 to 3 took her to a nearby society building and committed the offence of rape on her, one by one. By taking advantage of her vulnerability, they have committed the said offence on several occasions. They also threatened her that if revealed it to anyone, they would do away with her. Even on a subsequent day, the 1st accused came to her house during night hours and committed the offence of rape. When she shouted, her grand father had caught hold of the accused; but the accused managed and escaped from https://www.mhc.tn.gov.in/judis there; they cannot get any legal relief by way of lodging a complaint because of the pressure given from various circles. Even the complaint given to the Sathanur police station in this connection was withdrawn by her uncle /PW.6 on 24.09.2005. However the complaint was given again on 30.09.2005 to the All Women police station, Chengam. Based on the complaint, a case was registered in Crime No.15 of 2005 by PW.8 /Leela Bai/ the Inspector of police and she prepared the F.I.R. Since her investigation disclosed the commission of the offence as alleged by the prosecutrix, she completed her investigation and filed a charge sheet against the accused for the offence under Section 376 and 506(ii) IPC.

3. The case was taken on file by the learned Judicial Magistrate, Chengam, in P.R.C.No.26 of 2007. After complying the legal mandates, the case was committed to the learned Principal Sessions Judge, Thiruvannamalai. From there it was assigned to the file of the Assistant Sessions Judge, Thiruvannamalai for tiral. On being satisfied with the materials available on record, the learned trial Judge framed the charges against the accused under Sections 363, 366, 376(2)(g) and 506(ii) r/w. 34 IPC. The accused were questioned about the charges, they pleaded https://www.mhc.tn.gov.in/judis innocence and claimed to be tried.

12. It is the submission of the learned counsel for the petitioner that, the complaint was given just to extort money from the accused. Before adverting into the genuineness of the complaint, it is relevant to know about the social status of PW.4 / victim. Her cross examination would show that she has no father and mother and she was under the care of her grand father/PW.5. Prior the said occurrence, her lifestyle was begging after the occurrence, her uncle took her with him and kept her under his custody. It is not an wonder for a girl of that status to get yielded to pressures and withdraw the complaint. The victim girl and her grand father were helpless. The evidence of PW.4 would reveal that after the complaint was given, the father of the 1st accused was giving https://www.mhc.tn.gov.in/judis pressure to her grand father that they should not dare to disclose it to anyone especially to police. After PW.4's uncle took the victim to Thiruvannamalai and the victim girl was brought out of the influence of the local people, she could give the complaint to All Women Police Station. The occurrence had taken place more than once. Though the victim girl could not successfully lodge a complaint for the earlier occurrence, she had managed to convince her uncle to give the present complaint when the 1st accused came and raped her at her house once again.

21.01.2022 Index : Yes/No Internet : Yes/No rpl To

1. The Sessions Judge, Thiruvannamalai.

2.The Additional Assistant Sessions Judge (i/c) Principal Assistant Sessions Judge, Thiruvannamalai.

3.The Sub Inspector of Police, All Women Police Station, Chengam.