SANKAR Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) THE appellant is the sole accused in S.C.No.221 of 2006 on the file of the Sessions Judge (Mahila Court), Cuddalore. He stood charged for offence under Sections 376 and 306 I.P.C. But the trial Court by judgment dated 29.05.2007, found the appellant guilty only under Section 376 I.P.C., and has sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs.3,000/- and in default to undergo rigorous imprisonment for three months. THE trial Court has acquitted the appellant from the charge under Section 306 I.P.C. Challenging the said conviction and sentence, the appellant is before this Court with this appeal.

(2.) THE prosecution case in brief is as follows:- P.Ws.1, 2 and 5 are the father, mother and sister respectively of the deceased Kavitha. P.W.3 is the brother of P.W.1, P.W.4 is the wife of P.W.3 and P.W.6 is the mother of P.W.1. THE deceased along with her family members was residing at Kuchipalayam Village. She was studying in the Middle School at Eiyalur in VIII Standard during the relevant period. It is alleged that 16 days prior to her death, when she was sleeping along with her sister at her home, about 11.00 p.m., the accused who also hails from the same village stealthily entered into her house and despite her resistance, committed rape on her. It is further alleged that the deceased did not disclose the same to her parents out of fear. On the next day of the occurrence, the deceased was found sobbing while in school. P.Ws 12 and 13 who are the Teachers in the said school inquired her. It is alleged that the deceased told them that she was raped by the accused. THEreafter, the said occurrence came to be known to the Villagers. Because of the same, the deceased got depressed. So, on 15.02.2002 at about 6.30 a.m., while she was alone at her home, she poured kerosene and set herself ablaze. She was taken to the Raja Annamalai Hospital, Chidambaram at about 11.30 a.m., on 16.02.2002. P.W.23 who was the Doctor Incharge of the said hospital admitted her after making necessary entry in the Accident Register. Though, she was conscious, according to the Doctor, she was not able to speak except murmuring few words. But the Attenders told the Doctor that she had set fire to herself on the previous day. Exhibit P.13 is the Accident Register. THEn P.W.23, gave intimation to the Police. On receipt of the said intimation, P.W.27 proceeded to the hospital and recorded the statement of the deceased in the presence of P.W.19-Doctor Muralidharan. Exhibit P.20 is the said statement. Returning to the police station, at 8.30 p.m., on 16.02.2002, he registered a case in Crime No.66 of 2002 for offence under Section 376 I.P.C. Exhibit P.21 is the F.I.R. He forwarded the F.I.R and the statement to the Court. THEn he handed over the case diary to the Inspector of Police for investigation.

(3.) NOW coming back to the investigation, P.W.28 examined the Doctors who admitted the deceased in the hospital, the Doctor who treated the deceased in the hospital, the Doctor who declared her dead, the Doctor who certified about the age of the deceased and the Doctor who opined that the deceased had been subjected to sexual intercourse. He collected all the above medical certificates and recorded the statements of the said Doctors namely P.Ws.18,19, 20, 21, 22 and 23. The post mortem was conducted by a team of two doctors namely P.Ws.16 and 17. P.W.28 collected the post mortem certificate and recorded the statements of P.Ws.16 and 17 also.