CRL.A.(MD)No.431 of 2016

BAIL SLIP

Aravindan @ Vivekanandan, Petitioner/Appellant was released on

bail order of this Court dated 20.12.2016 made in CRL.MP(MD)

No.11126 of 2016 in CRL.A(MD)No.431 of 2016

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON : 25.06.2021

DELIVERED ON : 01.10.2021

CORAM

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

CRL.A.(MD)No.431 of 2016

Aravindan @ Vivekanandan

S/o. Ayyakannu

: Appellant/Sole Accused

Vs.

State Rep. By,

Inspector of Police,

Ammapettai Police Station,

Thanjavur District.

(Cr.No.82 of 2014)

: Respondent/Complainant

PRAYER: Criminal Appeal filed under Section 374(2) of Criminal

Procedure Code, to call for the records and set aside the judgment

and conviction dated 27.04.2016 by the learned Sessions Judge,

Mahalir Neethimandram (Fast Track Mahila Court), Thanjavur in

Spl.S.C.No.16 of 2014 and acquit the Appellant.

For Appellant

: Mr.A.Senthil Kumar

Legal Aid Counsel

For Respondent

: Mr.T.Senthil Kumar

Government Advocate (Crl.side)

JUDGMENT

This appeal is filed as against the judgment and conviction

dated 27.04.2016 passed in Spl.S.C.No.16 of 2014 by the learned

Sessions Judge, Fast Track Mahila Court, Thanjavur.

2. The brief facts, which are relevant for consideration in

this appeal as stated by the Prosecution, are as follows:

2.1. It is the case of the Prosecution that the

Appellant/Accused had taken away the victim to the grassland of

Deen Rabiyaakani which is three houses away from the house of the

victim and had sexual intercourse with the victim. P.W-1 is the

mother of the victim, she is the de-facto complainant. As per her

complaint, on 27.02.2014, since her TV was in repair, she went

away from home searching for TV mechanic, leaving her 13 year old

daughter alone at home. By 9.30 p.m., when she returned home she

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CRL.A.(MD)No.431 of 2016

observed that her daughter was missing. She searched nearby

places. Her husband returned home at 11 p.m. He also searched

for his daughter but they could not locate her. In the early

morning around 5.30 a.m., her daughter came, she herself opened

the back door of the house. P.W-1-mother of the victim enquired

the victim, for which, the victim informed her mother that for the

past three months she had been in a relationship with the

Appellant/Accused. He assured to marry her. When she went to

meet him on the date of occurrence, she had intercourse with the

Accused.

2.2. P.W-1-Ganga-mother of the victim had preferred a

complaint to the Inspector of Police, Ammapettai Police Station,

Thanjavur District under Ex.P-1. Based on the complaint of P.W-1,

P.W-13-Ms.Kowsalya-Sub Inspector of Police, Ammapettai Police

Station had registered a case in Cr.No.82 of 2014 under Section 4

of Protection of Children from Sexual Offences Act, 2012. She had

sent the original complaint under Ex.P-1 and Original FIR under

Ex.P-18 to the Court of the learned Judicial Magistrate, Thanjavur

and the copies of the same sent to the higher officials in Police

Department including P.W-14-Muthukumar-Inspector of Police.

2.3. On receipt of the FIR under Ex.P-18, P.W-14-Inspector of

Police had proceeded to the house of the victim and examined the

witnesses and also prepared the Observation Mahazar under Ex.P-3

and Rough Sketch under Ex.P-19 in the presence of witnesses viz.,

P.W-8-Sundaram and other witness. He had forwarded the victim to

the Government Hospital to subject her to medical examination. He

had obtained her date of birth mentioned in the Bona fide

Certificate from the School record under Ex.P-20 from the Head

Mistress of Regina Caeli Girls Higher Secondary School, Ammapet.

He had arrested the Accused and forwarded the Accused along with

the remand request to the Court of learned Judicial Magistrate,

Thanjavur and also sent requisition letter to the learned Judicial

Magistrate to forward the