The judgment emphasizes the reliability of the victim's testimony and the medical evidence in cases of sexual assault, highlighting that no leniency should be shown to offenders in such cases.

N. Sathish Kumar, J.

The appellant/sole accused was tried in SC.No.165/2015 for commission of the offence u/s.376[2] IPC [2 counts]. The Trial Court, vide judgment dated 16.03.2016 found the appellant/accused guilty of the said offence and sentenced him to undergo life imprisonment each count and pay fine of Rs.100/- for each count. Sentences to run concurrently. The sentences was ordered to run concurrently. Aggrieved by the said conviction and sentence, the present appeal came to be filed by the appellant herein.

2. Since the victim of rape are minor female children of PW3 and PW4, their names will not be referred by us and PW1 & PW2, the mothers of the respective female children are also referred only as PW1 & PW2.

3. The brief facts of the prosecution case as follows:

PW1 is the mother of the PW3. PW2 is the mother of the PW4. Both children are aged nine years. Both the children were studying together in the Sathyamangalam Municipal Primary School. On 17.06.2015 at about 7.00 p.m. PW3 informed PW1 about pain in her private part. On enquiry, PW3 informed that under the pretext of giving sweets, the accused took PW3 and PW4 to his house and committed rape on PW3 & PW4.

4. Thereafter, PW1 lodged a complaint (Ex.P1) on the next day, i.e., on 18.06.2015, after giving it a day’s thought. Similarly, on 18.06.2015, PW4 also informed her mother-PW2 about the pain in her private part. When enquired, PW4 stated that the accused under the pretext of giving sweets, took her and P.W.3 to a petty shop and purchased some sweets and thereafter, took them to his house under the pretext of giving more chocolates and committed the act of rape.

5. PW3 & PW4, the child witnesses, aged about 9 years, despite the cross examination after observing necessary precaution by the Trial Court, in one voice, have stated that on 17.06.2015 after school hours, the accused took them to a nearby petty shop and purchased some chocolates. Thereafter, he took them to his house, under the pretext of giving them some more chocolates and he removed the dresses of PW3 & PW4 and placed his private part over the private parts of PW3 & PW4.

6. PW5 who owns a petty shop in front of the school, has seen PW3 & PW4 studying in the school. The accused used to bring many children to the petty shop and give them sweets. On 17.06.2015, the accused brought PW3 & PW4 to his shop, gave Rs.20/- and purchased sweets for Rs.14/-. Thereafter, collecting the change, he took the minor female children with him.

7. PW6 is the owner of the house, where the accused was residing as a tenant. According to her, the accused resides in her house as a tenant for a monthly rent of Rs.3,000/-.

8. PW7 is the mother of one Jayashree, the student of the same school. On 17.06.2015, she came to the school to pick her daughter. At the time, she saw the accused taking PW3 & PW4 in his motorcycle.

9. PW14, after receipt of the complaint from PW1, registered the crime in Crime No.18/2015 under Section 376(2)(1) IPC and also under Section 6 of the Protection Of Children Sexual Offence Act, 2012. Ex.P11 is the F.I.R. PW15, the Inspector of Police took up investigation and went to the place of occurrence on 19.06.2015 and prepared a rough sketch [Ex.P.--] and observation Mahazar [Ex.P.--]. PW14 in the presence of PW8, arrested the accused on 19.06.2015 at about 4.00 p.m., and sent him for medical examination and also to the Court and also made a necessary request to record the statements of the children u/s.164 Cr.P.C.

10. In the meanwhile, PW9, the Medical Officer of the Government Hospital, Sathyamangalam, examined PW3 and issued Ex.P5., Accident Register Copy, wherein, she had noting down the following:

“Nature of Injuries Treatment: Alleged H/O rape on 18.06.2015 at about 04.20 pm in the accused (Srinivasan) house Thirunagar Colony, Sathyamangalam by unknown one male person, RP-90/mt.

Investigations: O/E-Baby conscious, concluded/as/S1S2 present/RS (n.c) Present PA-Soft/CVS ? Present.

L/E-1. Pubic hair absen