ANBARASAN Vs. STATE

JUDGEMENT

(1.) The conviction and sentence dated 30.1.2008, passed in Sessions Case No.60 of 2007, by the Principal District and Sessions Court, Namakkal, are being challenged in the present Criminal Appeal.

(2.) The case of the prosecution is that the prosecutrix, by name, Pavithra, is a minor daughter of the defacto complainant, by name, Boopathi. On 24.09.2006, at about 11.30 a.m., while the prosecutrix has played in front of her house, the accused has taken her to the courtyard of his house, denuded her and tried to have sexual intercourse with her. After occurrence, the father of the Prosecutrix, on 29.9.2006, has given a complaint and the same has been registered in Crime No.4 of 2006.

(3.) On receipt of the said complaint, P.W.9, the Inspector of Police, has taken up investigation, examined connected witnesses and also made arrangements for conducting medical examination both to the prosecutrix and accused. After his transfer, his successor in office viz., P.W.10 has laid a final report on the file of the Judicial Magistrate, Rasipuram, and the same has been taken on file in P.R.C.No.5 of 2007.