The reliability of witness testimony, especially that of close relatives, and the corroborative value of medical evidence in cases of sexual offences.

JUDGMENT :

(Prayer: Appeal filed under Section 374(2) of the Criminal Procedure Code to call for the records in connection with the order passed by the learned Assistant Sessions Judge, Aruppukottai, in S.C.No.86 of 2012, dated 24.09.2014 and quash the same.)

1. This is a very unfortunate case, wherein, a three year old child was raped. The appellant was tried for the offence under Sections 376(2)(f) and 307 IPC, with an allegation that the appellant, taking advantage of his position as a relative of the victim child, has taken the child to a remote place and committed rape on the child. The trial Court, namely, Assistant Sessions Court, Aruppukottai, found him guilty for the offence under Sections 376(2)(f) and 307 IPC in S.C.No.86 of 2012, and by judgment dated 24.09.2014, convicted and sentenced him as follows:

2. The case of the prosecution, in brief, is as follows:

2.1. PWs.2 & 3 are sisters. The accused is the husband of PW3 and PW1 is the husband of PW2. PW2, the younger sister of PW3, is having two female children and is living with her husband [PW1] at Meenakulam Village in Tiruchuli Taluk. The accused and PW3 invited PWs.1 & 2 for the pongal festival to their village at Thotiyangulam. On the invitation of the accused and PW3, PWs.1 & 2 went to Thotiyangulam on 19.10.2011 at about 11.00 am. On that evening, around 07.00 pm, the accused took the child of PWs.1 & 2, namely, Parameshwari [victim child]. The other family members did not doubt the same, as they were under the impression that the accused, being the uncle of the victim child, took her for getting some toffies for her. But, they did not return even after two hours and therefore, they started to search for the accused and the victim girl. During the search, around 10.00 pm, near Krishnapuram Road, they hear a crying sound of a child and went to the place of occurrence, where, they found the accused, without any dress, is attempting to have penetrated sex with the victim girl. On seeing PWs.1 & 2 and others, the accused fled away from the place of occurrence and they found blood injuries on the private parts of the victim child as well as on her Anus. Immediately, they took the victim child to a Private Nursing Home, namely, Fathima Hospital and thereafter, took the child to Government Hospital, Aruppukottai on the next day. From Government Hospital, Aruppukottai, the victim child was referred to Government Rajaji Hospital, Madurai, for further treatment.

2.2. On the intimation from the Government Rajaji Hospital, Madurai, the Sub-Inspector of Police [PW13] went to the Hospital on 20.10.2011, recorded the statement of the father of the victim child, namely, Vellai [PW1] around 01.30 pm, returned to Tiruchuli Police Station and registered a case in Crime No.342 of 2011, under Sections 376 and 307 IPC. PW13 then forwarded the printed First Information Report [Ex.P9] to the concerned Judicial Magistrate and to the Higher Officials.

2.3. Thiru Kannan, Inspector of Police [PW14], on receipt of the intimation, visited the place of occurrence on 20.10.2011 around 05.00 pm, prepared an observation mahazar [Ex.P4] in the presence of PWs.8 & 9, recorded their statements. The Inspector of Police has also arrested the accused near Moolakarampatti Bus Stop, on the same day, at about 06.30 pm. PW14 also made a request for chemical examination of the accused and accordingly, the accused was produced before Dr.Jeyasimhan [PW12], Government Hospital, Aruppukottai. The Doctor [PW12], after examining the accused, opined that the accused is a potent an