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2018 Supreme(Mad) 4275

IN THE HIGH COURT OF MADRAS
P. VELMURUGAN, J.
Vetriselvi - Appellant
Versus
Arulandandam - Respondent
Criminal Appeal No. 435, 436, 437 of 2012
Decided On : 21-08-2018

Advocates Appeared:
S. Rajendrakumar, Adv., V. Gopinath, Adv., M. Govindaraju, Adv., A.S. Balaji, Adv., John Sathyan, Adv., P. Govindarajan, Adv.

Headnote:

Indian Penal Code, 1860 - Section 376 - Criminal Trial - Offence of rape - Criminal Appeals have been arising out of the judgment of acquittal passed by the learned Assistant Sessions Judge and Chief Judicial Magistrate - Held, Now the victim girl, at one point of time, named the accused persons and at that time, she was below 15 years and now she begotten a child - Therefore, it is the duty of the prosecution to find out the person as to who is the cause for her pregnancy - This Court thinks it necessary to remand back the cases to trial court to mark the birth certificate given in the School of the victim girl and also to make DNA test to find out the paternity of the child - Criminal Appeals disposed of

JUDGMENT :

P. VELMURUGAN, J.

1. These Criminal Appeals have been arising out of the judgment of acquittal passed by the learned Assistant Sessions Judge and Chief Judicial Magistrate, Nagapattinam in S.C.Nos.190, 191 and 192 of 2009 respectively, dated 27.08.2010.

2. The case of the prosecution in S.C.Nos.190, 191 and 192 of 2009 on the basis of the evidence let in by prosecution witnesses is as follows:

(i) One Vetri Selvi, who was a minor, was studying in VI Standard at Panchayat Union Middle School at Poosarikadu. The accused Arulanandam developed affair with her. While so, few months before 8.4.2008, while she was going to School, on the way, she went to accused Arulanandam's house for drinking water, where, the accused Arulanandam forcibly took her into his house and raped her. Thereafter he raped the victim girl several times at his house and also in Casuarina groove.

(ii) Few months before 8.4.2008, one day the accused Kadarkesavan went to the house of Vetriselvi while she was alone in her house, took her forcibly in to nearby casuarina groove and raped her forcibly.

(iii) Few months before 8.4.2008, the accused visited Vetriselvi's house for doing electrical work, he took the minor victim girl to nearby casuarina groove and forcibly raped her

(iv) Subsequently, due to medical complaints, her mother PW2 Gandhimathi brought her to Vedaranyam Sumathi Hospital for check up. During the course of check up only, she came to know that she is pregnant for 6 months. Thereafter, she gave details of the accused regarding the rape committed on her. Hence a complaint was lodged by the victim girl under Ex.P.1 with Kariyapattinam Circle Inspector of Police Mr. Subramanian, who registered a case in Cr.No.93 of 2008 under section 376 IPC against the accused persons.

(v) On receipt of complaint, he prepared printed FIR Ex.P.7. Then he went to the place of occurrence and drew rough sketch Ex.P.9 and observation mahazar Ex.P.10 in the presence of witnesses viz., PW4-Loganathan and PW5-Rajendran, PW6-Duraisamy, PW7-Krishnasamy, PW8-Tamilselvi, PW9-Krishnan and PW10-Pugazhenthi and recorded their statements. On 11.4.2008, he arrested the accused Arulanandam (appellant in Crl.A.435 of 2012) and Saravanan (Crl.A.No.438 of 2012) and remanded them under judicial custody. Accused Kadarkesavan surrendered before the court after obtaining bail.

(vi) Thereafter, he sent the victim girl for medical examination to Government Hospital, Nagapattinam, where, PW13 Dr.Thenmozhi examined her and issued Accident Register Ex.P.6. The requisition received by PW13 for conducting medical examination is Ex.P.5. He sent a requisition for conducting medical examination regarding capability of sexual intercourse. He examined PW11 Dr. Serajudeen who examined accused persons Arulanandam and Saravanan and issued Ex.P2 and Ex.P.3 respectively. The certificate issued by PW12-Dr.Ananthakrishnan regarding the age of the victim girl is Ex.P.4.

(vii) He then forwarded the case for further action to PW13 Jaipoopali, Circle Inspector of Police, All Women Police Station, who, on conclusion of investigation, filed charge sheet against the accused persons for the offence under section 376 IPC before the Judicial Magistrate, Vedaranyam.

(viii) After filing of charge sheet, the accused persons were committed to the Sessions Court. The Sessions Court, in turn, made over the case to the Chief Judicial Magistrate, Nagapattinam. The Chief Judicial Magistrate, Nagapattinam framed charges against the accused persons for the offence under section 376 IPC and since the accused denied the charges and they were put on trial.

3. Before the trial Court, in order to prove the case of the prosecution on their side, as many as 14 witnesses were examined and 11 documents were marked. After completion of prosecution evidence, incriminating circumstances were put to the accused. The accused denied the same as false evidence.

4. After completion of trial, the trial court on perusing the material and documentary




























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