MUTHU Vs. STATE

JUDGEMENT

(1.) THE accused appeals.

(2.) THE appellant was tried under Section 376 (2) (f) I. P. C. as well as under Section 3 (2) (V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter will be referred to as 'the Act'), on the allegation that at about 10. 00 a. m. on 18. 5. 2000, he committed rape on Padma @ Padmavathi, aged about seven years, who belongs to Adidravida community. The learned trial Judge, finding the appellant guilty, convicted and sentenced him to imprisonment for life under the above two charges.

(3.) THE case of the prosecution is briefly summarised as follows:-P. W. 1 is the mother and P. W. 2 is the father of the victim P. W. 3, Padma, who was aged about seven years on the date of incident. On 18. 5. 2000 at about 10. 00 a. m. , the victim, P. W. 3 was playing with other children under a tamarind tree at Jaggampet, where she had gone for her annual vacation. The appellant went there and invited the victim, P. W. 3, to a house saying that her services are required to sweep the floor in the house. P. W. 3 went along with him and she was taken to the house, where he committed rape on the girl. P. W. 3 did not divulge the said fact to anyone, but on the next day, namely, on 19. 5. 2000, P. W. 3 and her mother, P. W. 1, went to take bath and at that time, P. W. 3 complained to her mother that she has pain in her private part. On being questioned by P. W. 1, P. W. 3 informed her mother as to what happened on the previous day. This information was conveyed by P. W. 1 to her brother-in-law, who, in turn, informed his brother, P. W. 2, the father of the victim, P. W. 3. P. W. 2, on getting the information at Palani, where he had gone in connection with his business, returned to the village on 21. 5. 2000 and was apprised of the facts by his wife, P. W. 1. P. W. 2 took his wife, P. W. 1, to Mylam police station, where a complaint was given at 5. 00 p. m. on the same day to P. W. 14, the Sub-Inspector, which was registered as a case in Crime No. 380 of 2000 against the appellant under Sections 376 and 3 (1) (x) of the Act. Ex. P. 15 is a copy of the printed first information report. P. W. 14 seized the clothes, which the victim, P. W. 3 was wearing and investigation in the crime was taken up by P. W. 15, the Deputy Superintendent of Police.