S SUBRAMANI Vs. STATE

JUDGEMENT

(1.) The conviction and sentence dated 03.11.2014 passed, in Sessions Case No.141 of 2011, by the Mahalir Needhi Mandram, Chenglepattu, are being challenged in the present Criminal Appeal.

(2.) The crux of the case of the prosecution is that both the accused and prosecutrix are residing in old Pallavaram. On 24.5.2009, at about 3.30 p.m., the Prosecutrix has played near a Pillaiyar Koil. At that time, the accused has taken her near a compound wall and disrobed her and also placed his hand on her private part and the same has been witnessed by the defacto complainant and thereafter, the defacto complainant has given the complaint to the investigating officer, viz., P.W.6 and the same has been registered in Crime No.404 of 2009. The complaint given by the defacto complainant has been marked as Ex.P1.

(3.) On receipt of Ex.P1, P.W.6 has taken up investigation, examined connected witnesses and also made arrangements for conducting medical examination to the prosecutrix and accordingly, the Doctor, by name, Parimala (P.W.5) has conducted examination. After completing investigation, P.W.6 has laid a final report on the file of the Judicial Magistrate Court, Tambaram and the same has been taken on file in P.R.C.No.60 of 2009.