JUDGMENT :

This is an appeal filed by the State against the judgment of acquittal passed by the learned Assistant Sessions Judge, Kovilpatti in S.C.No.200 of 2005, dated 26.08.2009.

2. The brief facts of the case are as follows:

2.1. The victim and the accused herein are residing in the local limit of Pudur Police Station, Thoothukudi District. The family of the victim is known to the family of the accused. The victim-P.W-3, is the third daughter of P.W-1-Karkkuvelammal and P.W-2-Mariyasingam. P.W-1 and P.W-2 have four children. The eldest daughter is working in a Mill. The second daughter, Nishanthi, is working in a Match Factory. The youngest daughter is studying in School.

2.2. On the date of incident, i.e., on 15.09.2004, P.W-1 and P.W-2 had gone to Kovilpatti regarding the marriage arrangement for their eldest daughter. The eldest daughter and the second daughter had been away from home to attend their regular job. The fourth/youngest daughter had gone to attend the school. Therefore, the third daughter, victim herein, was alone at home.

2.3. On the date of occurrence, around 06.00 p.m., the victim had gone to take bath in the bathroom on the backside of her house. The said bathroom is a thatch covered small hut. By evening, the second daughter Nishanthi had returned home from her work and she noticed that her younger sister/the victim was not at home. Therefore, she went in search of her. When she went near the bathroom to check whether her sister is there, she saw the accused running from the bathroom. She saw the victim girl lying on the floor of the bathroom. Since the victim is a deaf and dumb, she took her to their home by covering her body with a cloth. When she enquired, the victim girl had informed what had taken place through sign language. She waited for the other sisters to join her. When their parents returned, they had informed them about the sexual assault on the victim girl by the accused, who was an acquaintance to the family.

2.4. P.W-1 and P.W-2 approached the family of the accused to insist them to marry the victim girl. They took time and then declined to marry. Therefore, P.W-1 and P.W-2 approached the Pudur Police Station and preferred a complaint under Ex.P-1. The Pudur Police registered a case in Cr.No.179 of 2004. Since the Pudur Police had not taken steps, on 25.09.2006, P.W-1 and P.W-2 approached All Women Police Station, Vilathikulam. P.W-10- Sasikalarani, Sub Inspector of Police, All Women Police Station, Vilathikulam, received the complaint from P.W-1 and P.W-2, and on her enquiry, she came to know that already a complaint had been lodged with Pudur Police Station. P.W-10 then visited the Pudur Police Station and enquired the case in Cr.No. 179 of 2006 of Pudur Police Station, and took the FIR, as it is connected to sexual assault on woman, the All Women Police Station, Vilathikulam, has jurisdiction over the same. She took all the files connected with Crime No.197 of 2006 from the Pudur Police Station and sent the express FIR along with the complaint to the learned Judicial Magistrate, Vilathikulam and a copy of the FIR and complaint was sent to P.W-12-Joy Issac Pandi, the Inspector of Police, All Women Police Station, Thoothukudi.

2.5. P.W-12 then visited the place of occurrence, the residence of P.W-1 and P.W-2 on 25.09.2004 and in the presence of P.W-1, P.W-2, and P.W-7- Karuppasamy, she prepared a rough sketch under Ex.P-8 and enquired P.W-1, P.W-2, P.W-3, P.W-4 and other witnesses, Palanisamy Thevar, Karuppasamy, Mariyappan. Since P.W-3-victim, is a deaf and dumb, the sign language of the victim was interpreted to P.W-12-Inspector of Police, All Women Police Station, Thoothukudi, who then sent a requisition to the learned Judicial Magistrate to subject the victim girl for medical examination to determine her age and to examine her regarding the sexual assault on her.

2.6. Based on the request of P.W-12 and on the orders of the learned Judicial Magistrate, P.W-10-Sub Inspector of Police, All Wo