MURTHY Vs. STATE REP

JUDGEMENT

(1.) The accused in Sessions Case No.65 of 1999 on the file of the Principal Assistant Sessions Judge, Mayiladuthurai is the appellant in the above appeal. He was charged for the offences punishable under Sections 376 and 323 of the Indian Penal Code (in short "I.P.C.").

(2.) The case of the prosecution is briefly stated hereunder: On 24.09.1997, at about 10.00 a.m., while Palaniammal - P.W.1 went to casurena grove in order to watering the casurena trees, the accused, came to that place pulled her down and committed rape on her. P.W.1 raised alarm, thereby, her father - P.W.2, mother - P.W.3, brother - P.W.4 went there. They saw the accused raping P.W.1 by pushing her hands down. When P.W.2 caught hold of the accused, the accused caused injuries on the forehead and nose of P.W.2 by throwing a stone. When P.W.3 caught hold of him, she was pushed down by the accused and sped away from the spot. Thereafter, P.Ws.1, 2 and 3 went to Police Station at Sirkazhi. P.W.1 made a complaint - Ex.P.1. In the complaint, P.Ws.1 and 2 put their signatures. They also entrusted petti-coat - M.O.1; blouse - M.O.2 and half-saree - M.O.3 of P.W.1 to the Inspector of Police. P.W.11 registered the complaint and prepared the First Information Report - Ex.P.10 and the same was entrusted to P.W.12 for further investigation. P.W.1 was taken for medical examination by P.W.6. On direction by the Judicial Magistrate, Sirkazhi, P.W.1 was sent to Government Hospital for examination. Thereafter, she was taken to Government Hospital, Tanjore on 26.05.1997 for further examination. Prior to this, on 25.05.1997, Dr. Sudhandira Devi - P.W.10 examined P.W.1. She also examined P.Ws.2 and 3 and issued wound certificates. Ex.P.7 is a certificate relating to P.W.1 and Ex.P.8 is a certificate relating to P.Ws.2 and 3. X-rays have been marked as M.O.4 series. P.W.9 assessed the age of P.W.1 and according to him at the relevant time her age was between 17 and 18. The accused was taken to the medical examination by P.W.8 - Dr. Thambusamy. P.W.8 examined him and certified that he is potent. P.W.8 has also issued a certificate to show that there was an injury on the chest of the accused and the wound certificate has been marked as Ex.P.4. P.W.12 - Inspector of Police arrested the accused and obtained his confessional statement. He prepared a observation mahazar Ex.P.12 in the presence of P.W.5. Sketch - Ex.P.11. P.W.12 also seized M.Os.5 to 8 from the accused under mahazar Ex.P.13. After completion of the investigation, P.W.12 filed a charge sheet against the accused.

(3.) The learned Principal Assistant Sessions Judge on appreciation of oral and documentary evidence, found that the accused was guilty under Sections 376 and 323 (two counts) of I.P.C., imposed a sentence of rigorous imprisonment for a period of eight years for an offence under Section 376 I.P.C. and also a fine of Rs.3,000/- in default of which, to under go rigorous imprisonment for a period of two months. In respect of the charge under Section 323 I.P.C., he imposed a fine of Rs.250/- in default of which, to undergo rigorous imprisonment for one month. Out of fine amount of Rs.3,000/-, the learned Judge directed to pay Rs.2,500/- to P.W.1. Aggrieved by the conviction and sentence, the accused has preferred the above appeal.