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2015 Supreme(Mad) 2101
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. DEVADASS, J.
P. Senthil Kumar - Petitioner
Versus
State rep. by the Inspector of Police, Crime Branch C.I.D., Erode Unit, Erode District - Respondent
Criminal Appeal No. 25 of 2011
Decided On : 24-06-2015
For the Appellant:Philip Ravindran Jesudoss, Advocate.
For the Respondent: P. Govindarajan, Additional Public Prosecutor.
The main legal point established in the judgment is the reliance on victim testimony, corroborating evidence, and medical and scientific reports to establish the charge under Section 376(2)(f) IPC beyond all reasonable doubts.
Headnote:
Rape - Criminal Law - IPC 366, 372(2)(f), 376(2)(f) - The judgment discusses the charges under Sections 366 and 372(2)(f) of IPC. The accused was convicted under Section 376(2)(f) IPC and sentenced to 10 years R.I. and fined Rs.1,000/- i/d 6 months R.I. The court analyzed the evidence and medical and scientific reports to establish the charge under Section 376(2)(f) IPC beyond all reasonable doubts.
Fact of the Case:
The accused was alleged to have kidnapped and raped a minor girl. The prosecution presented evidence of the incident, including medical and scientific reports. The trial court acquitted the accused from the charge under Section 366 IPC but convicted him under Section 376(2)(f) IPC.
Finding of the Court:
The court found that the prosecution had established the charge under Section 376(2)(f) IPC beyond all reasonable doubts based on the testimony of the victim, corroborating evidence from witnesses, and medical and scientific reports.
Issues: The issues revolved around the establishment of the charge under Section 376(2)(f) IPC, the credibility of the victim's testimony, and the presence of enmity between the victim's family and the accused.
Ratio Decidendi: The court relied on the victim's testimony, corroborating evidence, and medical and scientific reports to establish the charge under Section 376(2)(f) IPC. The court emphasized the natural and unimpeachable nature of the victim's evidence and the absence of strong reasons to reject it.
Final Decision: The criminal appeal failed, and the conviction and sentence awarded to the appellant were confirmed.
The sole accused in S.C.No.169 of 2010 on the file of the learned Principal Assistant Sessions Judge, Erode is the appellant.
2. He is alleged to have kidnapped and raped PW-2, a minor girl.
3. The accused has been prosecuted before the said Court for offences under Sections 366 and 372(2)(f) of I.P.C.
4 He was convicted under Section 376(2)(f) I.P.C. and sentenced to 10 years R.I. and fined Rs.1,000/- i/d 6 months R.I. However, he was acquitted from the charge under Section 366 I.P.C.
5. The case of the prosecution runs as under:
(i) PW-4 Manikandan and PW-2 Anandhi, a minor girl are son and daughter of PWs-1 and 3 Periyasamy and Sivagami. They are residing in Perumal Koil Street in Oricherrypudur in Erode District. PW-2 was born on 7.12.2003 (Ex.P-20 Birth certificate). On 19.4.2008, she was 5 years old. The accused was 25 years old. He is residing in the nearby house.
(ii) 19.4.2008 was Saturday. On that day, morning, Pws.1 and 3 left for job. Around 1 p.m., PW-4 left to a shop. PW-2 went to one Megala's house to see T.V. Programme. It was found locked. PW-2 was returning home. On the way, the accused seen her. He gave her sweet and took her to his house. He switched on the T.V. raised its volume. Closed the door. Removed her gown (MO-2) and inner garment (MO-1) and he committed sexual act on her. He threatened to kill her if she reveals it to others. PW-2 returned home and wept.
(iii) Around 6.30 p.m., PW-3 came home. PW-2 narrated her the entire occurrence. Then PW-4 and PW-5 Kaliammal, an acquaintance of PW-3 were also present. P.W.2 also complained of pain in her private part. PW-3 removed PW-2's inner garment and found contusion in her private part. PW-3 applied oil. PW-2 identified the accused. PW-3 scolded him. However, the accused, his mother, her sister have quarrelled with PW-3 and also beaten her.
(iv) Around 8 p.m., PW-9 Easwaramoorthy took PWs-2 and 3 in his moped to PW-6 Dr.Varadharajan's private Clinic in Appakoodal. PW-6 found contusion in the private part of PW-2. He asked her the reason. PW-2 told him that her neighbour had rubbed her private part with something and there was discharge of something white. Since PW-2 complained of pain in her private part, PW-6 gave her paracetamol tablet. Since it is a medico-legal case, he directed them to take her to the Government Hospital, Bhavani.
(v) Around 10.30 p.m., her father/PW-1 came home. PW-3 told him the occurrence. PW-2 revealed the entire occurrence to him. PW-4 prepared the complaint. As it was 11 p.m., there was no bus. PWs-1 and 4 went in a bicycle to Appakoodal Police Station.
(vi) At about 12 midnight, at the said Police Station, PW-1 gave Ex.P-1 complaint to PW-16, Shanmugam, S.I. of Police. He registered this case for offences under Sections 376(2) (f) and 323 of I.P.C. (Ex.P-13 F.I.R.). He sent the express F.I.R. to the authorities.
(vii) On 20.4.2008, at about 5 a.m., PW-17 Pandiarajan, Inspector, Bhavani Circle received a copy of the F.I.R. He took up his investigation. He visited the scene place. In the presence of PW-8 Srirangan and one Govindaraj, he prepared Ex.P-2 Observation Mahazar. He drew Ex.P-14 Rough Sketch of the scene place. In their presence, he seized MOs-1 and 2 jatti and gown of PW-2 under Ex.P-3 Mahazar. He examined PWs-1 to 5 and other witnesses and recorded their statement. On the same day, at Thalavaipet, he arrested the accused. In the presence of said witnesses, he seized MOs-3 and 4 lungi and jatti from the accused under Ex.P-15 Mahazar. He produced the accused before the Court for judicial custody.
(viii) On 21.4.2008, PW-17 gave requisition (Ex.P-19) to the Court to get the blood sample from the accused. P.W.17 handed over MOs-1 to 4 clothes under Form 95 (See Exs.P-16 and 17) to the Court. He gave requisition (Ex.P-18) to the Court to send them to Forensic Science Lab for analysis.
(ix) On 21.4.2006, at about 6.20 p.m., at the Government Hospital, Bhavani, PW-10 Dr.Janatha examined PW-2 and found the following:
(a) Vagina
