JUDGMENT

This Criminal Appeal is filed to set aside the conviction and sentence imposed by the Fast Track Mahila Court, Virudhunagar District at Srivilliputtur in S.C.No.87 of 2010, dated 22.08.2016.

2.The case of the prosecution is that the accused/Selvakumar was a neighbour of Irulappan. He was already married and living with his wife. He was acquainted with the family of Irulappan. Irulappan had a daughter and son. One day the victim girl, who is the daughter of Irulappan was found missing from her house. Therefore, Irulappan searched her in the houses of his relatives and acquaintances. Since the whereabouts were not known and as he could not find her, he preferred a complaint under Ex.P1 to Seithur Police Station regarding the missing of his minor daughter. The complaint was filed along with the copy of transfer certificate under Ex.P2 of the minor girl as proof of the status of minor girl. On receipt of the complaint under Ex.P1, P.W.9/Head Constable, Ayyanar Samy of Seithur Police Station registered a case of missing person under Section 366(A) of I.P.C., in Crime No.476 of 2009 and sent the original F.I.R. under Ex.P7 and complaint under Ex.P1 to the Court of the learned Judicial Magistrate, Rajapalayam.

3.On receipt of the FIR and copy of the complaint, P.W.10, who is the Inspector of Police, Seithur Police Station, proceeded with the investigation. He had examined P.W.1/Irulappan and his wife/P.W.2/Kaliammal and their son/P.W.3 and went to the residence of P.W.1 and prepared observation mahazar under Ex.P3 and rough sketch under Ex.P8 in the presence of the witnesses namely., Iyappan and Thangam. On 04.12.2009 at about 10.00 a.m., he had arrested the accused/Selvakumar at Seithur Bus Stand and secured the minor girl. He had forwarded the accused/Selvakumar and the minor girl to the learned Judicial Magistrate with request for medical examination along with the remand request against the accused/Selvakumar. After obtaining letter from the learned Judicial Magistrate, the accused/Selvakumar and the victim girl were forwarded to the Government Hospital for medical examination along with police escort. P.W. 7/Dr.Uma Maheswari, Medical Officer attached to the Government Hospital, Rajapalayam, had examined the victim girl and issued medical report regarding the examination of the victim girl under Ex.P4.

4.P.W.8/Dr.Suresh, Medical Officer attached to the Government Hospital, Rajapalayam, had examined the accused and issued the medical report under Ex.P5. On the basis of the direction given by the learned Judicial Magistrate, Rajapalayam, he had issued potency certificate under Ex.P6. After medical examination, P.W.10, the Inspector of Police had altered the case and issued alteration report to the learned Judicial Magistrate. He examined the wife of the accused/Rajeswari/P.W.4 and recorded her statement. He also went to the school where the victim girl studied and obtained age certificate from the Head Master of the school/P.W.6 regarding the age of the minor girl under Ex.P2. He had examined P.W.7 and P.W.8, who had examined the accused and minor girl and issued the medical report and recorded their statements. He had also examined the police officials who had accompanied the accused and the victim girl to the Government Hospital, Rajapalayam, to secure medical report regarding the medical test under Ex.P4, Ex.P5 and Ex.P6. After procuring the medical certificate from P.W.7 and P.W.8 and after procuring the medical report of the minor girl, P.W.10 had arrived at a conclusion that the accused herein had sexual intercourse with the minor girl. Therefore, the case was altered to offence under Section 376 of I.P.C. He laid the charge sheet before the learned Judicial Magistrate, Rajapalayam. The learned Judicial Magistrate, Rajapalayam, on taking cognizance of the final report filed by P.W.10, had committed the case to the Court of Sessions at Srivilliputtur.

On receipt of the records and on appearance of the accused, the learned