MURUGAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) IN S.C. No.97 of 1987, on the file of the Assistant Sessions Judge, Nagercoil, appellant was convicted under Sec.341, INdian Penal Code and sentenced to undergo simple imprisonment for two weeks. He was further convicted under Sec.376, INdian Penal Code and sentenced to undergo rigorous imprisonment for 10 years. The sentences of imprisonment imposed under two counts, were directed to run concurrently.

(2.) PROSECUTION case in brief will have to be stated. P.W.1 Kanniammal, an unmarried woman, is the victim in this case. Appellant is the elder brother of Thirumal, who has married Suseela, the elder sister of P.W. 1 Thirumal was not in the habit of visiting the house of P.W. 1. P.W. 1 was a resident of Palluvilai village and used to help P.W.4, Janammal, of the village, by fetching water. According to P.W.4, P.W. 1 has an impeccable character.

(3.) P.W.9, Dhasan, Sub-Inspector of Police, Suchindram Police Station, at or about 06.40 p.m. on 7.1.1986, reduced into writing the statement of P.W. 1 regarding the impugned occurrence and obtained her signature in Ex.P-1, so recorded. P.W.9 seized M.Os. 1 and 2 produced by P.W. 1 along with her complaint. On Ex.P-1, P.W.9 registered Crime No.19 of 1986 under Sec.376, Indian Penal Code. Ex.P-8 is the printed First Information Report. Soon after the registration of crime, P.W.9 informed P.W.10 Sankarakrishnan, Inspector of Police, over the wireless about the registration of this crime. P.W. 10 arrived at Suchindram Police Station at 07.00 p.m. took up investigation, and forwarded a requisition to the Magistrate to send P.W. 1, for medical examination. Thereafter he reached the scene at 7.50 p.m., and in the presence of P.W.5, Ayyadurai, he prepared Ex.P-2 observation mahazar and Ex.P-11 scene sketch. At 08.00 p.m., on 7.1.1986, P.W. 10 arrested the appellant at the byepass road to Madhusudhanapuram. He forwarded a requisition to Judicial Second Class Magistrate Nagercoil Taluk, to have the appellant medically examined.