R. INBARAJ Vs. STATE

JUDGEMENT

(1.) Challenge in this Criminal Appeal is to the conviction and sentence dated 30th day of June, 2006 passed in Sessions Case No.142 of 2005 by the First Additional District and Sessions Court (Mahila Court), Salem.

(2.) The sum and substance of the case of the prosecution is that the prosecutrix is the daughter of the defacto complainant by name Palanisami and on 7.8.2003 at about 2 a.m., the accused has entered into the house of the defacto complainant and without the consent of the prosecutrix, he deflowered her. After occurrence, the defacto complainant has given the complaint in question on 11.1.2004 and the same has been registered in Crime No.3 of 2004 by the Investigating Officer, who has been examined as P.W.10. The complaint alleged to have been given by the defacto complainant has been marked as Ex.P.1.

(3.) On receipt of Ex.P.1, P.W.10, Investigating Officer has taken up investigation, examined the connected witnesses and also made arrangements to conduct potential test to the accused and accordingly Dr.Ravishankar, P.W.9 has conducted potential test to the accused and further P.W.5 Dr.Radhika has examined the prosecutrix and issued Ex.P.2. After completing the investigation, the Investigating Officer has laid a final report on the file of the Judicial Magistrate No.1, Salem and the same has been taken on file in P.R.C.No.17 of 2004.