SIVA @ SIVAKUMAR Vs. STATE

JUDGEMENT

(1.) The Criminal Appeal is directed against the judgment passed in S.C.No.398 of 2012, on the file of the Sessions Judge Mahalir Court, Chennai, by judgment dated 02.07.2013, convicting the appellant/accused for the offence punishable under Section 376 IPC and sentencing him to undergo rigorous imprisonment for 10 years and also to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for 6 months and under section 506(ii) IPC and sentencing him to undergo rigorous imprisonment for three years and also to pay a fine of Rs.5,000/- in default to undergo simple imprisonment for one month.

(2.) The final report has been laid by the respondent police against the appellant/accused alleging that the victim and her family were residing at No.16, RajivGandhi street, 2nd Cross street, Taramani, Chennai-113. The house belongs to the appellant and the victim girl's parents are engaged in Coolie work and on 10.06.2009, when the victim girl was alone and no one else was in her house, the accused committed rape on the victim at about 4 P.M. against her Will and consent and thereby made her pregnant and further, the accused also threatened the victim girl not to disclose the abovesaid acts to any one failing which, threatened her that he would murder her and thus, according to the respondent police, the appellant/accused has committed the offences punishable offence under Sections 376 and 506(i) IPC.

(3.) It is the case of the prosecution that the victim girl apprehending danger to her life did not disclose the abovesaid incident to her mother immediately and further, according to the prosecution, the victim girl missed her period of menstruation and apprising the same to her mother, her mother had informed that as the victim is a small girl, there is nothing wrong in missing the menstruation period and thereafter, according to the prosecution, the victim's pregnancy developed and on noting the enlargement of the stomach, her maternal aunt directed the victim's mother to enquire about the same and on her mother insisting the victim girl to disclose as to what had happened and accordingly, it is stated that the victim girl had disclosed to her mother that due to the acts of the accused, she had become pregnant and immediately, she was taken to the Gosha hospital and her pregnancy was confirmed and the victim girl and others went to the accused house and informed the matter and the accused sister and father refused to hear their words and challenged them to establish that the victim girl had become pregnant only due to the acts of the accused and accordingly, it is put forth that the complaint was launched in the police station and the victim girl was taken to the Magistrate and then to the hospital and the complaint preferred by the victim's mother has been marked as Ex.P2 and further, it is put forth that the victim girl gave a statement to the Magistrate with reference to the occurrence, which has been marked as Ex.P1 and further, it is stated that the victim girl gave birth to a male baby on 09.03.2010 and accordingly, the investigation had been commenced in this matter and after recording the statement of the witnesses and subjecting the victim girl for medical examination and also arresting the accused and subjecting the accused to undergo medical examination to ascertain his potency and after the birth of the male baby to the victim girl, steps had been taken to determine the parentage of the baby and the DNA test was done with the aid of the blood gathered from the victim girl, baby and the accused and the FIR registered in this matter has been marked as Ex.P12 and after concluding investigation, as above pointed out, the final report has been laid against the appellant/accused.