VIGNESH Vs. THE STATE

JUDGEMENT

(1.) Challenge in this criminal appeal is to the convictions and sentences, dated 6.12.2012, passed in Sessions Case No. 360 of 2011, by the Mahalir Needhimandram, Chennai.

(2.) The case of the prosecution is that the prosecutrix, by name, Stella, is a minor daughter of the defacto complainant, viz., Maheswari. On 17.1.2011, at about 7.00 p.m., with an intention to rape the prosecutrix, the accused has taken her to a lane, which situates near her house and put his hand into her private part and subsequently, put his private part into the mouth of the prosecutrix and due to the overt acts of the accused, the prosecutrix has sustained injuries. After occurrence, the defacto complainant has given a complaint against the accused and the same has been registered in Crime No. 59 of 2011.

(3.) On receipt of complaint, the investigating officer, viz., P.W.12, has conducted investigation, examined connected witnesses and also made arrangements to conduct medical examination both to the victim as well as accused and accordingly, Dr. Anand (P.W.5) has physically examined the accused and Dr. Lavanya (P.W.6) has examined the victim and issued concerned certificate (Ex. P4). The investigating officer, after completing investigation has laid a final report on the file of the XXIII Metropolitan Magistrate, Saidapet, Chennai, and the same has been taken on file in P.R.C. No. 93 of 2011.