SEKARAN MUNUSAMY Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C. No. 295 of 2003 on the file of the learned Assistant Sessions Judge, Gudiyattam. He stands convicted for the offences under Sections 377 (2 counts) and 376(2)(b) (2 counts) of IPC and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 5,000/-, in default to undergo rigorous imprisonment for two years for each count for the offence under Section 377 of IPC; and to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 5,000/- in default to undergo rigorous imprisonment for two years for each count for the offence under Section 376(2)(b) of IPC. Challenging the same, he is before this Court with this Appeal.

(2.) The case of the prosecution in brief is as follows:

(3.) P.W.17, who was the then Inspector of Police of K.V.Kuppam Police Station, took up the case for investigation on the very same day and he proceeded to the place of occurrence, prepared a rough sketch (Ex.P.23) in the presence of two witnesses. Then, he examined P.W.11 and P.W.1 and recorded their statements. On the very same day , at about 2.30 p.m. he arrested the appellant and after following all legal formalities, he produced the appellant before the Judicial Magistrate for remand with a request to subject the appellant for medical examination. Accordingly, P.W.14, examined the appellant and offered opinion that he was capable of performing sex. Ex.P.12 is the Accident Register issued by him. Thereafter, P.W.17 examined few more witnesses and recorded their statements. On 03.10.2002, he forwarded the alleged victims namely, P.W.8 Nethravathi, P.W.3 Arulmozhi, P.W.2 Selvarani, P.W.7 Divya, P.W.1 Indhuja and P.W.6 Komala to Government Hospital, Gudiyattam for medical examination to ascertain the fact as to whether the victims had been subjected to any sexual assault and also to know about their age. Similarly, on 04.10.2002, he forwarded P.W.9 Parimala, P.W.10 Mathialagi, P.W.5 Jeevitha and P.W.4 Sathya to such medical examination. P.Ws.12 & 13 accordingly examined the victims and offered their respective opinion. Exs.P2 to P.11 are the Accident Registers issued by them. Then, P.W.17 examined the respective Medical Officers and obtained the medical certificates. On 22.10.2002, he gave a requisition for recording the statements of P.Ws.1 to 11 under Section 164 of the Code of Criminal Procedure. P.W.16, who was the then Judicial Magistrate, Ambur, recorded the statements of the said witnesses. On completing the investigation, P.W.17 filed the final report on 09.12.2002 against the appellant under Section 354, 377 and 376(2) (b) of IPC.