MURUGAN Vs. STATE

JUDGEMENT

(1.) THE appellant/sole accused was tried by the learned Principal Sessions Judge, Cuddalore, for offences under Sections 341, 354 & 376 IPC. and Section 3(2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. He was convicted under Section 376 IPC. and sentenced to undergo Rigorous Imprisonment for seven years and to pay a fine of Rs.1,000/-, in default, to undergo R.I. for two months. He was also found guilty under Sections 341 and 354 IPC., however, no separate sentence was awarded for those offences. THE trial court found him not guilty of the offence under Section 3(2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Aggrieved against the order of conviction and sentence imposed by the trial court, the present appeal has been preferred.

(2.) BEFORE the trial court, the victim, who is alleged to have subjected to rape by the accused, was examined as PW-1. The victim is deaf and dumb; hence, her evidence was recorded with the help of a Teacher working in the Government School for Deaf and Dumb, Cuddalore, who interpreted her gesticulations. It is her evidence that, on 02.06.2000, at about 5.00 P.M., she was returning from the School for Deaf and Dumb, where she was working and, at that time, the accused intercepted her, caught hold of her tuft, pushed her down on ground, tore her jacket and committed rape on her, causing injuries on the right hand, neck and breasts. It is specifically stated that the accused had bitten the left breast and severed the nipple. PWs-2, 7 and 8 reached the scene of occurrence on hearing the noise of the victim and found her with bleeding injuries. The accused, who was seen running away from the occurrence place, was apprehended by them and produced before the panchayatdars of the village. Thereafter, on 04.06.2000, at 6 P.M., PW-1, accompanied by her husband PW-6, went to the police station and lodged a complaint. PW-12 Sub Inspector of Police, on receipt of the complaint, registered a case in Crime No.189 of 2000 under Section 376 IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Ex.P-14 is the Printed First Information Report. The Sub Inspector forwarded copy of the printed F.I.R. to his higher officials. PW-13, the Deputy Superintendent of Police, on receipt of the F.I.R. on 04.06.2000 at 6.30 P.M., commenced the investigation. She went to the scene of occurrence and prepared observation mahazar Ex.P2 and the same was attested by PW-3 and another. Ex.P-15 is the rough sketch. The Deputy Superintendent of Police seized the cloths of the victim viz., MO-1 Petticoat, MO-2 Sari and MO-3 Blouse, under Ex.P-3 Mahazar. She arrested the accused on 05.06.2000 at 3 P.M. The cloths of the accused viz., M.O.4 lungi and M.O.5 T.Shirt, were seized under mahazar Ex.P.4, attested by PW-4. PW-5 is the Tahsildar, who issued Community Certificate to PW-1 to substantiate that she belongs to 'Adi Dravida' Community. PW-9 is the Medical Officer, who examined PW-1. After examination of the victim on 06.06.2000 at 3.10 P.M., she has given the following opinion:-

(3.) INSOFAR as the apprehension of the accused while he tried to run away from the scene of occurrence, it is submitted that the said aspect may be a relevant factor to substantiate his presence at the scene of occurrence, but, in the absence of positive materials for the commission of rape, the appellant cannot be convicted under Section 376 IPC. particularly when the offence of rape cannot be substantiated in the light of medical evidence. Relying on the evidence of PW-1 corroborated by the testimonies of PWs-2, 7 and 8, at the most, the appellant can be convicted for outraging the modesty of PW-1, and apart from that, there is no material available against him.