MOHAN Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The conviction and sentence dated 17.11.2013 passed in Sessions Case No. 200 of 2012 by the Mahila Court, Chennai are being challenged in the present Criminal Appeal.

(2.) The case of the prosecution is that the prosecutrix by name Bavani @ Jansi Fidariyar has attained only 14 years of age and during the relevant period, she studied VIII Standard. In the year 2000, a summer camp has been conducted, wherein the accused has acquainted with the prosecutrix. One Stephen has been acted as liaison officer in between the accused and prosecutrix. On 23.4.2011, at about 23 hours, during Easter festival, the accused has visited the house of her elder sister for the purpose of taking dress. At that time, a friend of the accused by name Mano has met the prosecutrix and directed her to go to the house of the accused, since he wanted to talk to her and accordingly on 24.4.2011, at about 2 a.m., the prosecutrix has gone to the house of the accused bearing Door No. 43/21, where the accused has deflowered her. After occurrence, the mother of the prosecutrix has given a complaint and the same has been registered in Crime No. 344 of 2011. The complaint alleged to have been given by her has been marked as Ex. P.1.

(3.) On receipt of Ex. P.1, the Investigating Officer, viz., P.W.16 has taken up investigation, examined connected witnesses and also made arrangements for conducting medical examination both to the accused and prosecutrix and accordingly P.W.11 Dr. Balasubramanian has conducted potential test to the accused and his report has been marked as Ex. P.7. Likewise, Dr. Shanthi has examined the prosecutrix and her certificate has been marked as Ex. P.9. After completing investigation, the investigating officer has laid a final report on the file of XVI Metropolitan Magistrate, George Town, Chennai and the same has been taken on file in P.R.C. No. 27 of 2012.