KALIYAPPAN Vs. THE STATE

JUDGEMENT

(1.) Challenge in this criminal appeal is to the convictions and sentences dated 30.09.2013, passed in Sessions Case No. 31 of 2013, by the Assistant Sessions Court, Nagapattinam.

(2.) The case of the prosecution is that the prosecutrix is a mentally retarded daughter of the defacto complainant by name Karupayee. On 24.5.2009, at about 1.00 a.m./25.5.2009, in Nataraja Pillai Street, Nagapattinam, the accused has trespassed into the house of the defacto complainant with an intention to deflower the prosecutrix and in pursuance of his intention, he deflowered the prosecutrix and after occurrence, the defacto complainant has given a complaint and the same has been registered in Crime No. 281 of 2009, by P.W.14, the Sub Inspector of Police. The complaint given by the defacto complainant has been marked as Ex. P1.

(3.) On receipt of Ex. P1, the investigating officer, P.W.16, has taken up investigation and made arrangements to conduct medical examination to the prosecutrix as well as to the accused and accordingly Dr. Murali Mohan (P.W.13) has physically examined the accused. Likewise, Dr. Thenmozhi (P.W.15) has examined the prosecutrix. After completing investigation, P.W.15 has laid a final report on the file of the Judicial Magistrate No. I, Nagapattinam and the same has been taken on file in P.R.C. No. 4 of 2013.