JUDGMENT

This Appeal is filed by the Accused No.1, as against the judgment of learned Sessions Judge, Mahalir Neethimandram (Fast Track Mahila Court), Thanjavur, Thanjavur District, in Special Sessions Case No.04 of 2013, dated 25.11.2016.

2.Heard Mr.A.Thiruvadi Kumar, learned Counsel for the Appellant and Mr.T.Senthil Kumar, learned Government Advocate (Crl.side)

appearing for the respondent.

3.The brief facts relevant to the consideration of the Court as per the case of the prosecution are as follows:

3.1.The victim herein was an eight years old child at the time of occurrence, ie., on 26.10.2012. The Accused 1 to 6 are residing on the same street opposite to the house of the victim's family. Both families are known to each other and the victim child used to go to the house of the Accused. On the date of occurrence, ie., on 26.10.2012, the victim girl was playing in front of her house. At that time, the Accused No.1 invited her to his house under the guise of giving her chocolate and took the child to his house and made her lie on the floor and removed her clothes including underwear and

https://www.mhc.tn.goivn.ins/ejurdtise/d his penis on the vagina of the victim girl. The victim girl cried in

pain. The parents of the victim girl, on hearing the cries of the victim girl, came to the house of the Accused. Accused No.1, Accused No.2, who is the wife of Accused No.1 and A3 to A6, who are his relatives, threatened the victim and her mother from getting out of the house and prevented them from lodging complaint with the police. Therefore, the offence under Sections 341, 376, 506(2) and 109 IPC r/w Sections 3(a) and 4 of Protection of Children from Sexual Offence Act had been attracted.

3.2.On 29.10.2012, at 21.00 hours, the mother of the victim girl, PW-1, Manjula, had preferred the complaint, after three days from the date of occurrence, ie., on 26.10.2012, to PW-18, Somasundaram, Sub Inspector of Police, Pappanadu Police Station, under Ex-P1 and he registered a case in Cr.No.313 of 2012 for the offence under Sections 341, 342, 506(2), 376(2)(f) and 109 IPC under Ex-P2 and sent the original complaint under Ex-P1 and FIR under Ex-P22 to the learned Judicial Magistrate, Orathanadu and a copy of complaint and FIR was placed before PW-19, Karthikeyan, Inspector of Police, Pappanadu Police Station, for further investigation.

3.3.On receipt of the same, PW-19, the Inspector of Police, had proceeded to the scene of occurrence and stayed there for the night. On

30.10.2012 by morning 06.00 am, in the presence of witnesses, PW-5, Ravi and PW-4, Baskaran, he had prepared the observation mahazer under Ex-P23, and rough sketch, under Ex-P24. He had examined PW-1, mother of the victim girl, Manjula and father of the victim girl, Ilangovan and other witnesses, PW-3, Sumathi, PW-4, Bhaskar, PW-5, Ravi, PW-6, Govindaraj and recorded their statements.

3.4.The child victim was forwarded for medical examination with woman Special Sub Inspector of Police, PW-15, Latha, to Orathanadu Government Hospital. The Medical Officer at Orathanadu Government Hospital, had advised PW-15, Special Sub Inspector of Police, to take the child victim to Raja Mirasudhar Medical College and Hospital, Thanjavur. The Accused were absconding. Therefore, PW-19, the Inspector of Police, on secret information, came to know that the Accused were available near Kothaiyakadu Bridge and he arrested A1, Ravi @ Ravichandran and other Accused, Rajendran and Indrajith. In the presence of PW-7, Uthirapathi and PW-6, Govindaraj, on arrest, the Accused No.1, Ravi @ Ravichandran, had voluntarily given a confession statement, which was recorded by PW-19, the Inspector of Police.

3.5.On the basis of the confession statement, the Accused No.1 took PW-19, the Inspector of Police, to Mannardugi Bus stand, from where, the other Accused were arrested by PW-19, the Inspector of Police. Based on the same confession, the Accused No.1 took PW-19, the Inspector of Police, to the house of the Accused, where