- (1.) THE revision petitioner / appellant / accused has filed the present Criminal Revision in Crl.R.C.No.489 of 2001 against the judgment made in C.A.No.49 of 2000, on the file of Principal Sessions Judge, Nagapattinam, confirming the conviction and sentence passed in S.C.No.21 of 2000, on the file of Additional Assistant Sessions Judge, Mailaduthurai.
(2.) THE short facts of the prosecution case is as follows:- The defacto complainant viz., M.Murugeswari (minor), who is studying in the IVth class at Government High School, Thirumullaivasal, Mailaduthurai, had levelled a case before the Inspector of Police, Sirkali Police Station stating that the first accused is a teacher and had removed her inner dress and attempted to rape her. Immediately, she attempted to prevent the same, but the first accused had pinched her cheek and caused simple injuries. The second accused, who is a noon meal scheme worker, at the same school, enticed her with boiled egg and took her to the store room and attempted to outrage her modesty. The said case was registered by the respondent Police in Crime No.177 of 1997, for the offence under Sections 376 r/w 511, 323, 506 (i) IPC against the first accused, and under Section 354 of IPC against the second accused. After investigation, charge sheet has been filed before the concerned Judicial Magistrate. Thereafter, the case was referred to the Additional Assistant Sessions Judge, Mailaduthurai, wherein the case was renumbered as S.C.No.21 of 2000.
(3.) ON the side of the prosecution, 16 witnesses were examined viz., P.W.1-M.Murugeswari, P.W.2-Gomathi, P.W.3-Sundari, P.W.4-Sarala, P.W.5-P.Murugeswari, who are all co-students of the victim, P.W.6-Dr.Suthanthira, P.W.7-Dr.S.Gurunathan, P.W.8-K.Vasudevan, P.W.9-Rajagundu, P.W.10-V.Gurumurthi, P.W.11-Rajeshwari, P.W.12-Sangeetha, P.W.13-Madanthaiyan, P.W.14-r.Sivakozhunthu, P.W.15-Madhan Mohan, P.W.16-Sandhosham. Six documents were marked viz., Ex.P1-complaint dated 18.03.1997, Ex.P2-Medical Certificate issued by P.W.6 to P.W.1 on 20.03.1997, Ex.P3-Observation Mahazar dated 18.03.1997, Ex.P4-medical certificate regarding age of P.W.1 issued by P.W.14, Ex.P5-First Information Report registered by P.W.15 on 18.03.1997 and Ex.P6-rough sketch prepared by P.W.15. On the side of the defence, D.W.1, one Veerammal was examined. No document was marked. No material evidence was produced by either of the sides.;