MOHAN Vs. STATE

JUDGEMENT

(1.) THE appeal is directed against the judgment dated 5. 3. 2002 made in Sessions Case No. 28 of 2002 on the file of the Additional sessions Judge, Nagapattinam, whereunder the appellant herein, sole accused was tried for the offence punishable under Section 366 I. P. C. , as well as for the offences punishable under Sections 376 (f), 302 and 201 I. P. C. , in connection with the occurrence said to have taken place at about 8. 00 p. m. , on 24. 03. 2001 in Sadaiyankadu village, within the jurisdiction of Thalai Gnayiru Police station, Nagapattinam District, for having said to have abducted, raped and consequently murdered one Amulu alias Kalaijyothi, aged about 10 years at the time of occurrence.

(2.) 1. The case of the prosecution was built up on the statement lodged by P. W. 1 to P. W. 2, Village Administrative Officer at about 10. 30 a. m. on 25. 03. 2001, which was subsequently marked as Ex. P1. P. W. 1 is nonetheless the father of the deceased. Based on the complaint (Ex. P1), a First information Report (Ex. P18) was registered by the Sub Inspector of Police (P. W. 17) at about 11. 30 a. m. on 25. 3. 2001. 2. 2. The story of the prosecution is that P. W. 1, the father of the deceased was residing at Vettaikaraniruppu village and he had two children viz. , the deceased Amulu alias Kalaijyothi and Venkatesan. P. W. 1's daughter Amulu alias Kalaijyothi was staying with her grandfather, P. W. 15 and was studying at a school near Pallivasal at Tiruvarur. The accused, a resident of Vanavanmahadevi village, was working under P. W. 15, who was residing at sadaiyankadu village. The house of P. W. 1, the father of the deceased was situated at k. m. distance from the house of P. W. 15 and the accused used to take the deceased from the house of P. W. 15 to the house of P. W. 1 and vice versa. On 24. 03. 2001, at about 7. 00 p. m. , the accused, who was carrying kerosene and sugar, took the deceased and her brother Venkatesan from the house of P. W. 15 to the house of P. W. 1. Thereafter, he left the brother of the deceased at the house of P. W. 1 and took the deceased on the guise of taking her to the house of P. W. 1 for studying. However, he took the deceased near harichandra river, where, under a tree, he raped the deceased by closing her mouth and nose with hands in order to restrain her from raising alarm, following which the deceased died due to shock. Thereafter, the accused, with a view to cause disappearance of evidence of offence, threw the dead body of the deceased Amulu alias Kalaijyothi in the Harichandra river. Thereafter, the deceased was not seen by anyone. 2. 3. On 25. 03. 2001, at about 6. 00 a. m. , P. W. 6 Sadasivam came to the house of P. W. 1 and asked him as to the whereabouts of his daughter, to which P. W. 1 replied that he had sent his daughter to the house of P. W. 15 along with the accused. P. W. 6 informed P. W. 1 that the dead body of his daughter is found in Harichandra river. Immediately, P. W. 1, his wife Venkateswari and p. W. 6 rushed to the scene of occurrence, where they found the body of the deceased floating on the river. They brought the body to the banks of the river and when examined, they found that the deceased's eyes were protruding and there was bleeding in the nose, mouth and also in the private parts. 2. 4. Thereafter, P. W. 1 went to the house of P. W. 2, the village Administrative Officer of Vettaikaraniruppu village and gave a statement, pursuant to which P. W. 2, along with P. W. 3, village menial went to thalai Gnayiru Police Station and handed over the statement given by P. W. 1. P. W. 17, Sub Inspector of Police, received the said statement and registered it in Crime No. 190 of 2001 for the offence under Sections 376 and 302 I. P. C. Ex. P. 18 is the printed F. I. R. 2. 5. Pursuant to the F. I. R. (Ex. P18), the investigating officer (P. W. 20) undertook the investigation, visited the place of occurrence, prepared an Observation Mahazar (Ex. P4) and also a Rough Sketch (Ex. P21), recovered material objects from the scene of occurrence viz. , M. O. 1 - skirt, M. O. 2 -Tops, M. O. 3 - bangle pieces (four), M. O. 4 - Ear studs, M. O. 5 - white colour beads, M. O. 6 - blood stained mud, M. O. 7 - sample earth, M. O. 8-lungi, m. O. 9-Shirt and M. O. 10-Jatty, under mahazar Exs. P5 and P7 in the presence of p. Ws. 7 and 8. He also conducted inquest on the body of the deceased, which is marked as Ex. P. 22. After seizing the clothes worn by the deceased, the body of the deceased was sent for post mortem with the requisition marked as Ex. P. 8, through P. W. 16 - Police Constable, who handed over the body of the deceased to p. W. 4, Doctor attached to the Government Hospital , Nagapattinam. 2. 6. P. W. 4, who conducted post mortem at 4. 45 p. m. on 25. 3. 2001 and issued Post Mortem Certificate (Ex. P. 10), found the following external injuries. "there was a tear of 1. 5 cm in the 6'o clock position of the hymen. Abrasion, swelling and blood stained discharge was seen at the edges of the tear. Vagina freely admitted two fingers. There was no injury in the vagina. There was no injuries in the thighs or chest. Vaginal smear and cervical smear was taken. On microscopic examination, no spermatozoa seen. " P. W. 4 reserved the cause of death pending the report of chemical analysis of viscera. On 17. 4. 2001, Ex. P. 9, chemical analysis report of the examination of viscera was issued by the Regional Forensic Science laboratory, Medical College Buildings, Thanjavur, whereunder it was opined that the deceased would appear to have died of shock due to subarachnoid haemorrhage 18-21 hours prior to post mortem. 2. 7. On the very same day of occurrence viz. , on 24. 3. 2001, P. W. 20 Inspector of Police arrested the accused near the banks of koozhai river and he gave a confession statement in the presence of P. W. 8 and another. The admissible portion of the confession statement given by the accused is marked as Ex. P. 6. Thereafter, the accused took the police party to the house of the president of the village and from the roof of the house, produced the material objects M. Os. 8 to 10, which were seized in the presence of P. W. 8 and another under mahazar Ex. P7. The material objects were forwarded for chemical analysis through the Court and accordingly, chemical analyst's report (Ex. P. 13) and Serologist's report (Ex. P. 14) were obtained. 2. 8. On 27. 3. 2001, P. W. 20, sent a requisition to the court for the medical examination of the accused and also a requisition for chemical analysis of the material objects. He examined the witnesses and recorded their statements on various dates. Thereafter, as P. W. 20 was transferred, his succeeding officer completed the investigation and filed the final report on 15. 8. 2001.

(3.) WE have given a careful consideration to the submissions of both sides.