LAWS(MAD)-2015-11-153

YOVAN @ JOHN Vs. STATE

Decided On November 18, 2015
Yovan @ John Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This appeal arises against the judgment of learned Principal Sessions and Special Judge, Erode District, Erode, in Special Sessions Case No.46 of 2013 on 31.10.2013, convicting the appellant for offence under Section 376(2) IPC and sentencing him to undergo life imprisonment and imposing a fine of Rs.1,00,000/-.

(2.) The case of the prosecution is that PW-1/complainant is the organizer of 'Vavval Foundation' registered under the Societies Registration Act. On 18.07.2012, at about 01.30 p.m., on seeing the victim crying near the Veeranampalayam bus stand, the complainant approached her, caused enquiry and came to know that the victim, who was a minor, staying in the Karunai Orphanage and studying 7th standard, was subjected to sexual harassment. Hence, the complainant preferred a complaint on 18.07.2012 to PW-15, Sub-Inspector of Police, Thingalur Police Station, who registered a case in Crime No.226 of 2012 for offences under Sections 376 r/w 506(i) IPC and 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1994.

(3.) PW-16, Inspector of Police, took up investigation on 18.07.2012 and examined the victim, PWs.1 and 3 and two others and recorded their statements. Thereafter, he went to the place of occurrence at about 04.00 p.m. and prepared observation mahazar [Ex.P2] in the presence of PW-5 and one Subramani and obtained their signatures. He has also prepared rough sketch [Ex.P17]. Thereafter, he examined PWs.5, 6 and three others and recorded their statements. At about 06.00 p.m. and on identification by the witnesses, he arrested the accused near Grey Nagar Ration Shop. He recorded the confession statement of the accused in the presence of one Sivakumar, Kumar and Kulanthaisamy and obtained their signatures. Thereafter, at about 07.30 p.m., he took the accused to the police station and then sent him to judicial custody. On the same day, he sent a requisition to Judicial Magistrate seeking permission to conduct potency test of the accused. On 19.07.2012, he sent a requisition to Judicial Magistrate seeking permission to send the victim girl Sathyapriya for medical examination through Inspectors Santhi and Rukmani. The requisition letter is Ex.P18. On 20.07.2012, he sent the victim girl Sathyapriya for medical examination through Santhi and Rukmani, women constables. On 23.07.2012, he examined PW-4 and recorded her statement. He sent the accused for examination by a Doctor towards determining his age and examining his potency. On 02.08.2012, PW-13, Doctor, issued Exs.P12 to P14, medical reports, which confirmed the potency of the accused. The Doctors concerned were examined by the investigating officer and their statements were recorded. He obtained Community Certificates of both the accused and the victim, altered the charges to include offences under sections 3(2)(v) and 3(1)(XII) of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 and filed Alteration Report [Ex.P19] before Court. He handed over the case papers to the District Superintendent of Police along with the requisition dated 06.08.2012 seeking appointment of another investigating officer. Investigation was handed over to PW-17, Deputy Superintendent of Police, Gobichettipalayam.