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High Court of Judicature at Madras
ARUNA JAGADEESAN, J.
Murugadoss
Versus
State by Inspector of Police, All Women Police Station, Tindivanam
CRL. A. No. 757 of 2010
Decided on : 10-04-2014
Criminal Appeal - Conviction under Section 376(2)(f) read with 511 of IPC - [Section 376(2)(f) of IPC] - The court analyzed the evidence and found the accused guilty of attempting to commit rape. The court referred to legal provisions and interpretations from Koppula Venkat Rao Vs. State of AP and Aman Kumar Vs. State of Haryana to alter the conviction from Section 376 to Sections 376/511 of IPC, considering the absence of penetration but the attempt to commit rape.
Fact of the Case:
The victim, a 10-year-old girl, was forcibly taken to the accused's house and an attempt to rape her was made. The delay in lodging the First Information Report and the absence of medical evidence of penetration were contested by the defense.
Finding of the Court:
The court found the accused guilty based on the consistent testimony of the victim and her mother, corroborated by a neighbor. The court dismissed the defense's arguments regarding delay and lack of medical evidence.
Issues: Delay in lodging the First Information Report, absence of medical evidence of penetration, and credibility of the victim's testimony.
Ratio Decidendi: The court held that the delay in reporting the incident was explained by the victim's mother awaiting the arrival of her husband and the absence of medical evidence of penetration did not negate the attempt to commit rape. The court referred to legal provisions and interpretations to alter the conviction from Section 376 to Sections 376/511 of IPC.
Final Decision: The accused was convicted and sentenced for the offence under Section 376/511 of IPC to undergo five years Rigorous Imprisonment and to pay a fine of Rs.25,000/-, in default to undergo one year Rigorous Imprisonment. The fine amount was directed to be paid to the minor victim girl.
1. This Criminal Appeal is filed against the judgement dated 6.10.2010 made in SC.No.162/2010 by the learned Principal Sessions Judge, Villupuram, thereby convicting and sentencing the Appellant/accused for the offence under Section 376(2)(f) read with 511 of IPC to undergo 10 years Rigorous Imprisonment and to pay a fine of Rs.25,000/-, in default to undergo two years Rigorous Imprisonment.
2. The case of the Prosecution is as follows:-
a. PW.1 the complainant is the mother of PW.5, the victim girl Gayathri, who was studying 5th Standard in the Onkur Village and the father of the victim girl Perumal was doing Mason Work. The Appellant/ accused was living in the house opposite to the house of the victim girl. On 25.8.2009 when PW.1 went out for coolie work, at 1.00 p.m. the victim girl came back to her house from the School for taking lunch and before taking lunch, she went to the Coconut Grove near the house of the accused for toilet purpose. At that time, the Appellant came there and took her forcibly to his house and attempted to rape her and gave Rs.5 to her not to tell the incident to anybody.
b. When PW.1, after finishing the coolie work, came back to her house, she found the victim girl crying and shivering. When PW.1 questioned the victim girl, she narrated the incident to her mother. Immediately, PW.1 informed to her husband and he came to the house on 27.8.2009 and they took the victim girl to the Government Hospital, Tindivanam, where they were referred to Government Hospital, Villupuram. Thereafter, on 28.8.2009 at 3.00 p.m., PW.1 gave Ex.P1 complaint against the Appellant to the All Women Police Station, Tindivanam. On receipt of Ex.P1, PW.8, Sub Inspector of Police attached to the said Police Station registered a case in Cr.No.12/2009 under Sections 376 and 511 of IPC and prepared Ex.P8 First Information Report and sent the same to the concerned court and to PW.9, the Inspector of Police for investigation. PW.9 went to the place of occurrence and prepared Ex.P9 rough sketch and went to the Government Hospital, Villupuram and examined the witnesses and recorded their statements. PW.9, after completing investigation and after receiving forensic reports Ex.P2, Ex.P3, Ex.P5, filed the final report against the accused under Sections 376(2)(f) read with 511 of IPC on 12.12.2009.
3. The case was taken on file in SC.No.162/2010 by the learned Principal Sessions Judge, Villupuram and necessary charges were framed. In order to bring home the charges against the accused, the prosecution examined as many as 9 witnesses (PW.1 to PW.9) and also marked Exs.P1 to P9. On completion of the evidence on the side of the prosecution, the accused was questioned under Section 313 Cr.PC as to the incriminating circumstances found in the evidence of prosecution witnesses and the accused has come with the version of total denial and stated that he has been falsely implicated in this case. The court below, after hearing the arguments advanced on either side and looking into the materials available on record, found the accused/appellant guilty and awarded punishments as referred to above, which is challenged in this Criminal Appeal.
4. Mr.V.Bhiman, the learned counsel for the Appellant vehemently contended that there was inordinate delay in lodging the First Information Report. The learned counsel submitted that though the occurrence has taken place on 25.8.2009, but the First Information Report was registered on 28.8.2009, that is, three days after the occurrence and there is no plausible explanation for the said delay. It was contended that this delay had assumed importance and was fatal, as PW.1, the mother of the victim girl had tutored her daughter to implicate the accused. The learned counsel contended that had there been such an incident as projected by the Prosecution, it would not have been missed the sight of the neighbours in the said small village and it is not possible for any person to take a girl to any nearby
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