SUNDARAMAHALINGAM Vs. STATE

JUDGEMENT

(1.) The conviction and sentence dated 27.11.2014 passed in Special Sessions Case No.3 of 2014 by the District and Sessions Court, Mahalir Court (Mahalir Fast Track Court), Erode are being challenged in the present Criminal Appeal.

(2.) The contraction of the case of the prosecution is that the accused is residing in Door No.77, Kamala Nagar 3rd Street, Karungalpalayam, Erode. The accused and defacto complainant are neighbours. On 15.11.2013 at about 11 a.m., while the prosecutrix (P.W.3) has been playing near the house of the accused, under the guise of seeing Television, accused has taken her inside his house and all of a sudden, the accused has inserted his fingers into the private part of the prosecutrix. After occurrence, the mother of the prosecutrix by name Sathya, as defacto complainant, has given the complaint in question and the same has been registered by the Sub Inspector of Police (P.W.13) in Crime No.581 of 2013. The complaint given by the defacto complainant has been marked as Ex.P.1.

(3.) On receipt of Ex.P.1, Investigating Officer, viz., P.W.16, has taken up investigation, examined the connected witnesses and also made arrangements for conducting medical examination to the prosecutrix and accordingly, the Doctor by name Sivakami (P.W.12) has examined the prosecutrix and issued Ex.P.6, Final Opinion. The Investigating Officer has also made arrangements to record statement from the prosecutrix under section 164 of Code of Criminal Procedure, 1973 and accordingly, the concerned Judicial Magistrate (P.W.15) has recorded a statement from the prosecutrix under the said section and the same has been marked as Ex.P.11. On completing investigation, P.W.16, Investigating Officer has laid a final report on the file of the trial court and the same has been taken on file in Special Sessions Case No.3 of 2014.