SENTHIL Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is filed to set aside the impugned judgment in S.C.No.66 of 2015 dtd. 3/11/2020 on the file of the learned Sessions Judge, Special Court for SC/ST (POA) Act Cases, Namakkal.

(2.) The appellant/accused in S.C.No.66 of 2015 was convicted by the Trial Court by judgment dtd. 3/11/2020 and sentenced him to undergo ten years rigorous imprisonment for the offence under Sec. 376(1) r/w. 511 IPC and to undergo two years rigorous imprisonment and to pay a fine of Rs.1,000.00, in default to undergo one month simple imprisonment for the offence under Sec. 451 IPC and the sentences to run concurrently.

(3.) The gist of the case is that the defacto complainant/PW1 was residing in a line house in Manakattar Thottam at Manakkadu, Palur Village and she belongs to Arunthathiyar Community listed under Scheduled Caste. The appellant/accused is a resident of Velliyampalayam and he belongs to Vettuva Gounder Community listed under Most Backward Class. The victim's husband working as a Driver in a Water Scheme and used to go to work at night. Taking advantage of victim loneliness, the appellant/accused, decided to exploit the victim sexually. On the intervening night of 05/6/9/2013 at about 1.00 a.m., when the victim was alone, the accused forcibly entered the house of the victim, committed house trespass with an intent to commit rape and forcibly had sexual intercourse against victim wish without any concern, by gagging her mouth with his hands and also intimidated her that she would be done away if she shouted or raised any alarm. The appellant abused her by calling her caste name. The victim was in a state of shock, kept to herself for a day and out of fear, she had not immediately reacted. When her body pain became unbearable, she went to the daughter-in-law/PW2 house and disclosed the act of the accused. PW2 took the victim to the Government Hospital, Tiruchengode where she was given treatment, information sent to the respondent police from the Hospital. PW10/Sub-Inspector of Police visited the Hospital, recorded the statement of PW1/victim, who admitted the same and kept her left thumb impression. Thereafter, FIR/Ex.P12 in Crime No.134 of 2013 registered. On the orders of the Superintendent of Police, the FIR was placed to PW11/Deputy Superintendent of Police for further investigation. In the meanwhile, the victim was referred to Government Hospital, Salem for further examination and treatment. PW11 took up investigation. On 8/9/2013 at about 6:30 a.m., PW11 visited the scene of the occurrence, prepared observation mahazar/Ex.P14 and rough sketch/Ex.P15 in presence of witnesses, examined witnesses present at the scene of the occurrence and collected inner garments, saree and blouse from the victim viz., MO1 to MO3, under the cover of seizure mahazar/Ex.P16. The appellant/accused was arrested on 8/9/2013. PW9/Doctor examined the appellant/accused and issued a Potency certificate/Ex.P11. PW8/Doctor attached to Government Hospital, Salem further examined the victim and gave her opinion/Ex.P10. The medical records/Ex.P6 to Ex.P9 marked in this case and the statements of witnesses recorded. PW5/Deputy Tahsildar issued community certificate to the accused which is marked as Ex.P4 confirming he belongs to Most Backward Class and issued Ex.P5/community certificate to the victim, confirming she belongs to Scheduled Caste community. On conclusion of investigation, charge sheet filed. During the trial, PW1 to PW11 examined, Ex.P1 to Ex.P19 marked and MO1 to MO3 produced on the side of prosecution. On the side of defence, no witness examined and no documents marked. On conclusion of the trial, the Trial Court convicted the appellant and sentenced him as stated above. Against which, the present appeal filed.