Point of Law:Sexual assult – Conviction upheld - Statement of victim alone sufficient to prove the guilty

JUDGMENT :

(Prayer: Criminal Revision filed under Section 397 r/w 401 of the Criminal Procedure Code, to call for the records in Crl.A. No. 25 of 2012 on the file of the learned Additional District and Sessions Judge, Theni at Periyakulam in S.C. No.137 of 2010 on the file of the learned Assistant Sessions Judge Cum Chief Judicial Magistrate Court, Theni and set aside the Judgment dated 29.02.2016 in Crl.A. No. 25 of 2012 on the file of the learned Additional District and Sessions Judge, Theni at Periyakulam by confirming the order of conviction and sentence in S.C. No. 137 of 2010 on the file of the learned Assistant Sessions Judge Cum Chief Judicial Magistrate Court, Theni.)

1. This Criminal Revision Case has been filed by the revision petitioner to set aside the Judgment dated 29.02.2016 passed by the learned Additional District and Sessions Judge, Theni at Periyakulam in Crl.A. No. 25 of 2012 by confirming order of conviction and sentence, dated 12.06.2012 passed by the learned Assistant Sessions Judge Cum Chief Judicial Magistrate, Theni in S.C. No. 137 of 2010.

2. As against the judgment of conviction and sentence passed by the learned Assistant Sessions Judge Cum Chief Judicial Magistrate, Theni in S.C. No. 137 of 2010, dated 12.06.2012, the revision petitioner has preferred an appeal before the learned Additional District and Sessions Judge, Theni at Periyakulam, in Crl.A.No.25 of 2012. The lower appellate Court, by judgment dated 29.02.2016, dismissed the appeal and the conviction and sentence to undergo rigorous imprisonment for a period of Three years and to pay a fine of Rs.5,000/-in default to undergo rigorous imprisonment for One year for the offence under Section 450 of IPC and to pay a fine of Rs.3,000/- in default to undergo rigorous imprisonment for a period of six months for the offence under Section 324 of IPC and to undergo rigorous imprisonment for a period of Five years and to pay a fine of Rs.5,000/-in default to undergo rigorous imprisonment for a period of One year for the offence under Section 376 r/w 511 of IPC, was confirmed. Aggrieved over the same, the petitioner has preferred the instant criminal revision case.

3. The case of the prosecution is that, On 23.05.2010 at 14.30 hrs., when the victim minor girl was alone sleeping in her house, with an intention to commit rape on her, the revision petitioner trespassed into the house of the victim girl and locked the door and bite on her lips, chest and sexually assaulted her and while she shouted, the revision petitioner attempted to murder her by crushing her neck with hands. Based on a complaint given by the mother of the victim girl, a case in Crime No. 334 of 2010 for the offences under Sections 324, 450, 376 r/w 511 and 307 of IPC, was registered by the respondent police.

4. The learned Counsel for the revision petitioner submitted that the Appellate Court failed to consider the suppression of original report. He further submitted that the Appellate Court has failed to consider that there is no corresponding piece of evidence for the proof of allegation for an attempt of committing rape. He further submitted that the Court below has not considered that the suppress of medical treatment of alleged victim girl. He further submitted that the Appellate Court imposed a sentence as against the appellant is grave one. He further submitted that the Courts below have failed to consider the above said facts. Hence, the Criminal Revision case is liable to be allowed .

5. Per contra, the learned Government Advocate (Crl. Side) submitted that the revision petitioner has committed rape on victim girl and the same was proved through oral and documentary evidences on the side of the prosecution. She further submitted that he has been charged and the offences charged against him were clearly proved by the prosecution and therefore, the trial Court came to a correct conclusion and there is no infirmity to interfere with the findings of the trial Court. Hence, therefore,