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2011 (3) Supreme 736
SUPREME COURT OF INDIA
P. Sathasivam and Dr. B.S. Chauhan, JJ.
Murugan @ Settu — Appellant
versus
State of Tamil Nadu — Respondent
Criminal Appeal No. 455 of 2004
with
Ramalingam @ Ramu — Appellant
versus
State of Tamil Nadu — Respondent
Criminal Appeal No. 456 of 2004
and
Siva S/o Annappan — Appellant
versus
State Rep. by Inspector of Police, Tamil Nadu — Respondent
Criminal Appeal No. 457 of 2004
Decided on : 6-5-2011
(b) Indian Penal Code, 180 – Section 376 – Age – Date of birth – Documents made ante litem motam and admissible u/s 35, Indian Evidence Act, 1872 can be relied upon safely – The probative value of such documents has also to be examined – Birth certificate issued by the Municipality apart from being authentic also corroborated by School certificate and other witnesses – No reason to disbelieve and hold that prosecutrix was major. (Paras 10, 12 and 14)
AIR 1964 SC 1625; AIR 1982 SC 1057; AIR 1983 SC 684; AIR 2010 SC 2933; AIR 1965 SC 282; AIR 1988 SC 1796; AIR 2001 SC 703; AIR 2005 SC 1868; AIR 2006 SC 508; (2010) 8 SCC 714 – Relied upon
Facts of the case:
1. Appellant was convicted and sentenced u/s 366 and 376, IPC by the Sessions court.
2. The High Court disposed of the appeal thereagainst by modifying the sentences.
Finding of the Court:
No interference of the Court is warranted.
Result : Appeals dismissed.
JUDGMENT
Dr. B.S. Chauhan, J. —
1. All the three appeals have been preferred against the common judgment and order dated 14.7.2003 passed by the High Court of Judicature at Madras in Criminal Appeal Nos. 981 and 986 of 2002, by which the High Court had disposed of the said appeals preferred by the appellants against the judgment and order of the trial court dated 24.6.2002, in Sessions Case No. 30 of 2000, by which appellant Murugan @ Settu (A.1) had been convicted under Sections 366 and 376 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) and awarded the sentence of rigorous imprisonment for 3 and 7 years on those counts respectively. Other appellants stood convicted under Sections 366 r/w 109 IPC and were sentenced for 3 years rigorous imprisonment.
2. FACTS :
(A) The prosecution case reveals that on 11.2.1998 at 9.00 A.M., Murugan @ Settu (A.1) with an intention to marry the minor girl Shankari (PW.4), aged 14 years studying in 8th standard, kidnapped her from S.S.K.V. School, Kancheepuram, by stating that her mother, Parimala (PW.15) was seriously ill and had been admitted to hospital. Shankari (PW.4) took permission to leave the school from her teacher, Rajeshwari (PW.5) and also informed about the said fact to her classmate P. Megala (PW.6).
(B) Shankari (PW.4) was taken by A.1 in an auto bearing No. TN 21 B 6582 to Kamatchi Amman Temple, where Shiva (A.2) also came and both of them took Shankari (PW.4) to Orikai road stating that they were going to the hospital.
(C) On being questioned by Shankari (PW.4), she was threatened by A.1 and A.2 that if she made noise they would spoil her life. She was taken to the house of Smt. Logammal (PW.7), the grand-mother of A.2 at Kaliampoondi, at about 1.00 P.M. They stayed there at night. On 12.2.1998, M.P. Ekambaram (PW.1), father of Shankari (PW.4) lodged an FIR in Crime No. 209 of 1998 that his daughter had gone to attend the school on 11.2.1998 and did not return. Thus, she was missing.
(D) On the same day, i.e. 12.2.1998, Ramalingam @ Ramu (A.3) came from Kancheepuram. All the accused compelled Shankari (PW.4) to get married with A.1 and, accordingly, A.1 tied ‘Thali’ in Shankari’s neck. A.1 and A.3 took Shankari (PW.4) to Bangalore leaving A.2 at Vellore. They went to New Lingapuram, Bangalore, to the house of Rajeshwari (PW.9), sister of A.3 and stayed there upto 24.2.1998. During this period, A.1 raped the prosecutrix Shankari (PW.4) many times. They reached Chennai and stayed in the house of Vijayalakshmi (PW.12).
(E) As there had been an FIR in respect to the fact that Shankari (PW.4) had been missing, Pugazhendhi (PW.19), Inspector of Police, Kanchi Taluk Police Station after receiving the information that A.1 and prosecutrix Shankari (PW.4) would appear before the court at Kancheepuram reached there, and made a written application before the Judicial Magistrate, Kancheepuram for sending A.1 and Shankari (PW.4) for medical examination. The application was accepted.
(F) Dr. Parasakthi (PW.18) examined Shankari (PW.4) and issued a medical certificate, Ex.P-10 to the effect that she had been sexually assaulted. Dr. K. Gururaj (PW.20) examined A.1 on 26.3.1998 and issued certificate Exs.P-14 and P-15 to the effect that he was not impotent. He also examined Shankari (PW.4) and issued certificates including Ex.P-16 giving his opinion that she was about 18 years of age.
(G) After completing the investigation, charge sheet was submitted. Subsequently, the trial court framed the charges against A.1 under Sections 366 and 376 IPC and so far as A.2 and A.3 were concerned, they were charged under Sections 366 r/w 109 IPC and Sections 376 r/w 109 IPC. As all the three appellants denied the charges and claimed trial, they were proceeded with trial.
(H) In support of its case, the prosecution examined 21 witnesses and 12 documents were exhibited and marked. Five properties were also marked. In defence, the appellants examined a photographer as DW.1. Three documents i.e. D
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