GEORGE Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) THE short facts of the prosecution case are as follows:- The P.W.1, viz., Vaijayanthi is the wife of P.W.4., Jerald. Their daughter is P.W.3, the prosecutrix. P.W.3 was aged about 9 years and studying in IV standard. P.W.5., Pushparani is the wife of one Alphonse, who died on 05.01.2005. Alphonse is the brother of P.W.4, Jerald. Their sister is P.W.7., Shanthi. Her daughter is P.W.6, Preethi. P.W.2 is the daughter of P.W.5, Pushparani. On the night of 12.02.2005, they assembled in the house of P.W.5, Pushparani to observe Alphonse's 40th day death ceremony. P.W.2, P.W.3 and the other children were taken to the house of the accused viz., George, to sleep. Totally, 7 children, including P.W.2 and P.W.3 were sleeping in a room in the house of the accused. The accused slept next to P.W.3. The accused, during the night, pressed his sexual organ on P.W.3's sexual organ. P.W.3 moved towards P.W.2, but the accused had again pressed his sexual organ on hers. Then P.W.2 and P.W.3 started weeping. The accused gave P.W.2 biscuits. In the morning when P.W.3 went to bathroom, she found that blood was oozing from her private part and she removed her undergarments. Subsequently, she narrated the incident to P.W.6, Preethi on Sunday, on their way to Church. On Monday, P.W.3 was taking rest due to pain. P.W.6, Preethi visited P.W.3 and P.W.3 informed to P.W.6 of the occurrence. She in turn narrated the incident to P.W.1. P.W.4, Jerald, husband of P.W.1, Vaijaynathi returned to the house at 9 p.m., in the evening. He enquired as to what had happened. Then, his wife P.W.1, Vaijayanthi disclosed the said incident to her husband, Jerald. Thereafter, they decided to prefer a complaint to the police station. They went to the police station and P.W.1, Vaijayanthi had lodged a complaint on 14.02.2005 at about 10 p.m. The complaint was marked as Ex.P1. The victim also went along with them. P.W.13, Sharfunissa, the then Sub-Inspectress of Police received the said complaint and registered a case thereon in Crime No.3 of 2005, for the offence under Section 376 and 377 I.P.C. The Ex.P10 is the First Information Report, which had been submitted before the Inspectress of Police.

(2.) P.W.16, viz., Vasanthamani, the then Inspectress of Police, who was attached to the All Women Wing Police Station took up the investigation. She had visited the scene of occurrence and had recovered the petticoat and skirt of P.W.3, which are material objects. She recovered the silk jacket, skirt and underwear of P.W.2., i.e., (M.O.1 series) under form 95. She visited the scene of occurrence and prepared Ex.P2-observation mahazar and Ex.P18-rough sketch in the presence of P.W.9, Chandran. P.W.16, the Investigation Officer viz., Vasanthamani, the Inspectress of Police, All Women Wing Police Station, arrested the accused on 15.02.2005 at 11.30 a.m., and recorded his confession in the presence of P.W.12, viz., N.Bheeman, the Village Administrative Officer. Ex.P8 is the admissible portion of the confessional statement. She had recovered the pant, shirt of the accused under the cover of Mahazar Ex.P9, in the presence of the above said witnesses.

(3.) P.W.15, Dr.Jayalakshmi also examined P.W.3, on the same day for confirming her age, radiologically. She opined that P.W.3 was aged above 13 years and below 14 years. Ex.P16 is the radiology report issued by P.W.15, Dr.Jayalakshmi.