KALIAPERUMAL Vs. STATE

JUDGEMENT

(1.) The case of the prosecution as deposed by the witnesses reveals that on the date of occurrence (06/04/2013), the appellant (A-1) was the driver of the Mini Bus, which passes through the Village of the defacto complainant (PW-1). His minor daughter PW-2 and her classmate PW-3 used to travel in the said bus daily for their school. On 06/04/2013, at about 9.15 p.m, when PW-1 was in his farm, his relative informed him over phone that his daughter is missing. PW-1 and the villagers searched for them throughout the night, but they could not find them. On the next day morning at about 6.00 am, PW-2 and PW-3 were found near Balawadi. They told PW-1/defacto complainant that A-1 kidnapped them in his two wheeler and took them to the Eucalyptus grove near New Town Lake. A-1 repeatedly raped PW-3 and PW-2 was raped by A-2 and A-3. Hence, he gave the complaint (Ex.P-1). The evidence of PW-1 is corroborated by PW-4, the villager who went along with PW-1 in search of the missing girls. Their evidence is corroborated by PW-6, the father of the victim minor girl (PW-3).

(2.) PW-2 and PW-3 had deposed that, when PW-3 was talking with PW-2 in front of PW-2 house at about 9.00 pm, the appellant came in his two wheeler and called them. When they refused to go, he threatened them that he will not allow them to board his bus. Fearing that their studies will get spoiled if he refuse to take them to school in his bus, under threat they went along with A-1. He took them in his two wheeler to the Eucalyptus grove near New Town lake. The other two accused (A-2 and A-3), who were present in the grove, took PW-2 away and had sexual intercourse with PW-2 by force. A-1 attempted to rape PW-3 and mounted on her four or five times. She forcible pushed him and kept crying whole night. All the three accused had discussion among themselves and left them to go the next day morning. PW-5 is the witness to the confession statement of A-1 leading to the recovery of dress material marked as M.O. 1 to M.O. 3. He also witnessed the confession of A-2 and A-3 leading to recovery of M.O 4 to M.O. 9. The admissible portion of the confessions of A-1 and A-3 are marked as Ex.P-3 and Ex.P-4 respectively. The mahazars are marked as Ex.P-5 and Ex.P-6.

(3.) PW-7- the Scientific Officer of Tamilnadu State Forensic Laboratory had examined the dress materials recovered from the accused persons and the victim girls. As per her report Ex.P-9 (2 in numbers) sperms were deducted in items 1,4,12 and 15. The description of those items and the respective material object numbers are as below:- <FRM>JUDGEMENT_21_LAWS(MAD)9_2022_1.html</FRM>