D. SUNDARESWARAN Vs. STATE

JUDGEMENT

(1.) The convictions and sentences, dated 09-04-2015 passed in Sessions Case No.241 of 2012 by the Mahila Sessions (Fast Track) Court, Thiruvallur are being challenged in the present criminal appeal.

(2.) The schema of the case of the prosecution is that the prosecutrix is the daughter of the accused. The defacto complainant by name, Santha Kumari is the mother of the prosecutrix. The accused has very often tried to have sexual intercourse with the prosecutrix. On 02-07-2009, at about 8:30 p.m., while the defacto complainant has gone to Hospital due to her illness, the accused has raped the prosecutrix. After occurrence, on 31-07-2009, the defacto complainant has given the complaint and the same has been registered by the Inspector of Police, (P.W.10) in Crime No.457 of 2009. The complaint given by the defacto complainant has been marked as Ex-P1.

(3.) On receipt of Ex-P1, the Investigating Officer viz., P.W.10 has examined connected witnesses and also made arrangements to conduct competency test to the accused and the prosecutrix has also been subjected to medical examination. After completing investigation, P.W.10, laid a final report on the file of the Judicial Magistrate Court, Thiruvallur and the same has been taken on file in P.R.C.No.21 of 2010.