AYYANAR Vs. STATE

JUDGEMENT

(1.) This appeal arises against judgment of the learned Sessions Judge, Mahalir Neethi Mandram (Mahila Court), Chennai, in S.C.No.181 of 2010 dated 19.12.2012, convicting the appellant for offences under Sections 448, 506(i) and 376(2)(f) IPC and sentencing him to undergo 1 year R.I. and fine of Rs.1,000/- i/d 2 months S.I. for offence u/s.448 IPC, 2 years R.I. and fine of Rs.2,000/- i/d 2 months S.I. for offence u/s.506(i) IPC and life imprisonment and fine of Rs.10,000/- i/d 6 months S.I. for offence u/s.376(2)(f) IPC.

(2.) The case of the prosecution is that on 25.01.2009, PW-1, mother of the victim/PW-2, went to work along with her elder daughter leaving PW-2 and her brother/PW-3 at home. At about 06.00 p.m., while PW-2 was alone in her house, the accused forced himself upon her and raped her. PW-3, who was playing outside, on hearing PW2's screams, rushed home. On seeing PW-3, the accused threatened him and PW-2 of doing away with them if they dared to inform anyone. On coming to know of the incident, PW-1 questioned the accused, but he did not respond. Since PW-4/ father of the victim was out of station on the date of occurrence, PW-2 preferred a complaint [Ex.P1], after his return, before the respondent police on 30.01.2009 at 06.00 a.m. Case in Crime No.72 of 2009 for offences u/s.341, 448, 506(i) and 376(2)(f) IPC on the file of the respondent was registered. PW-10, Inspector of Police, took up investigation on the same day. He went to the place of occurrence and prepared observation mahazar [Ex.P4] and rough sketch [Ex.P14] in the presence of PWs.6 and 7. He examined PWs.1 to 3 and recorded their statements. Thereafter, he constituted a special team to search for the accused. At about 08.00 a.m., he arrested the accused near Rathina Bhavan Hotel Bus Stop, Kasi Theatre, Chennai and recorded his confession statement in the presence of PW-5 and another. On the basis of the confession statement of the accused, he went to the house of the accused's brother and recovered a jeans pant and full-hand shirt [M.Os.1 and 2] in the presence of the same witnesses and prepared seizure mahazar [Ex.P3]. He intimated the arrest of the accused to his relatives. Thereafter, he took the accused to the police station, conducted physical search and then produced him before XXIII Judicial Magistrate, Saidapet. On the same day, he sent a requisition [Ex.P15] to Judicial Magistrate seeking permission to send both the accused and PW-2 for medical examination. Obtaining permission, he forwarded the accused for medical examination to the Government Hospital on 31.01.2009. He forwarded PW-2 for medical examination through women Inspectors. He forwarded the clothes recovered from the accused to Court under Form-95. He examined PWs.4 to 9 and three others and recorded their statements. On his transfer, the succeeding Inspector of Police filed a charge sheet informing commission of offences u/s.341, 448, 506(i) and 376(2)(f) IPC.

(3.) To substantiate its case, the prosecution examined PWs.1 to 10, and marked Exs.P1 to P15. None were examined on behalf of the appellant/accused. However, two exhibits were marked. On questioning under Section 313 Cr.P.C., the accused denied the charges.