SAHADEVAN Vs. STATE

JUDGEMENT

(1.) APPELLANT is the accused in S. C. No. 22 of 1997 on the file of District and Sessions Judge, Odagamandalam. By the Judgment dated: 27. 02. 1998, the learned Sessions Judge has convicted the Appellant / Accused under S. 354 I. P. C. for outraging the modesty of P. W. 2 Saradha and sentenced him to undergo Rigorous Imprisonment for a period of Two years; and also convicted him under S. 323 I. P. C. for causing injuries to P. W. 1 Kannan and sentenced him to undergo Simple Imprisonment for a period of Six months; both sentences were ordered to run concurrently.

(2.) P. W. 2 Saradha, (aged about Nine years at the time of occurrence) is the daughter of P. W. 1 Kannan and P. W. 3 Baby. The accused and P. Ws. 1 to 3 are the residents of Morakkutti Village. On the date of occurrence 12. 01. 1996 7. 00 p. m. , P. W. 2 Saradha went outside to attend the nature's call. At that time, the accused followed her and committed Rape on her in the Tea Estate of one Raju. When P. Ws. 1 and 3 returned back to their house at 7. 15 p. m. , they found P. W. 2 crying. When they asked her, P. W. 2 informed them that the accused Sahadevan committed Rape on her and that he has also threatened her. P. W. 1 Kannan, father of P. W. 2 complained the act of the accused to other Villagers. On hearing the same, the accused beat P. W. 1 with Stick causing him injuries. Since on that date it was very late, P. W. 2 could not be taken to hospital immediately.

(3.) ON the next day 13. 01. 1996, P. W. 3 Baby had taken her daughter P. W. 2 to Ooty Government Hospital. P. W. 10 Dr. Shantha has examined P. W. 2 at 9. 45 a. m. On examination, she has noted:- ". . . External genetalia normal; Vagina easily admits one finger. . . Opining that P. W. 2 might not have been subjected to Recent Rape, P. W. 10 has given Ex. P. 9 Final Report.