PRADEEP Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed to set aside the impugned order in S.C.No.21 of 2016 dtd. 19/12/2018 on the file of the learned Sessions Judge, Magalir Needhimandaram, Chennai-104.

(2.) The appellant/accused in S.C.No.21 of 2016 was convicted by the Trial Court by judgment dtd. 19/12/2018 and sentenced him to undergo ten years rigorous imprisonment and to pay a fine of Rs.50,000.00, in default to undergo three years rigorous imprisonment for the offence under Sec. 376(2)(j)(I) of IPC. Against which, the present appeal filed.

(3.) The case of the prosecution is that the victim is a mentally retarded person with less IQ, her father passed away when she was young and her mother left the victim to her aunt at the age of 5 years. The victim was put in Manasa School for the Special Children and during the holidays, the victim used to come to her aunt's house. Likewise, she was in her aunt's place on 26/5/2015. The appellant/accused was employed in the Hotel opposite to the house of the victim. On 26/5/2015, the Hotel was closed due to maintenance works. At about 6.00 p.m., the victim who is a mentally retarded person was alone in her house. Taking advantage of the same, the appellant went to her house and took her to the terrace of the house, removed her clothes and committed penetrative sexual assault. The victim's aunt came home, searched for the victim, she went to the terrace and in the corner of the terrace she found the appellant committing sexual assault. On seeing the victim's aunt, the appellant collected his dress, ran down and fled from the scene. Thereafter, the victim's aunt informed the owner of the Hotel, P.W.2 about the appellant's act, she also called her Churchmate P.W.4, informed about the incident and thereafter, she lodged the complaint. P.W.8 received the complaint, registered FIR/Ex.P11, visited the scene of occurrence, prepared observation mahazar/Ex.P3 and rough sketch/Ex.P12 in the presence of P.W.3, recorded the statement of witnesses P.W.1 and P.W.2. The appellant/accused was arrested on 29/5/2015 and in the presence of P.W.3, the accused gave a confession statement. Thereafter, the Special School Teacher/P.W.5 examined who confirmed the victim a mentally retarded person with less IQ and she is studying in the Special School. P.W.6/Doctor confirms the accused a potent person. The victim was examined by P.W.7 who confirms the medical condition of the victim and gave a report stating that she was subjected to penetrative sexual assault. On recording statements and collection of materials, charge sheet filed. During trial, P.W.1 to P.W.8 examined, Ex.P1 to Ex.P13 marked and M.O.1 to M.O.3 produced on the side of the prosecution, C.W.1 and C.W.2 examined as Court witness, Ex.C1 and Ex.C2 marked. On the side of defence, no witness examined and no documents marked. On conclusion of trial, the Trial Court convicted the appellant as stated above.