KATTAIYAN RAJANGAM Vs. STATE

JUDGEMENT

(1.) This revision has been preferred by the petitioner Kattaiyan O. Rajangam, against the judgment in S. C. No. 64 of 83 on the file of the Dist. Sessions Judge, West Thanjavur convicting the petitioner for the offences under Sections 341 and 376 I.P.C. and sentenced him to undergo simple imprisonment for one month and R. I. for 7 years respectively which was confirmed by the appellate Court in C.A.No.7/89 on the file of the Sessions Judge, Tanjore.

(2.) Learned counsel for the petitioner and also the Public Prosecutor were heard.

(3.) The prosecution case is as follows:- On 17-8-1987, at 12:30 pm., at Thepperumanallur, this revision-petitioner way laid P.W. 1 Visalakshi near the house of P.W. 3 Krishnamoorthy and raped her at the backyard of the house of P.W.3. P.W.1 Visalakshi was residing alongwith her parents at Thepperumanallur. She was also a student taking training in Sri Devi Technical Institute in Tirunageswaram. She used to go to Tirunageswaram, attend classes and come back home. On 17-8-87, while she was returning home from the Typewriting Institute, on the way, this petitioner near house of P.W.3 Krishnamoorthy at the field behind his house way-laid her, put a cloth piece on her mouth, caught hold of her neck and took her near the kottagai thereand made her to lie down. Thereafter, in spite of her resistence he raped her. Then, P.W. 1 with great difficulty escaped from the grip of the petitioner and began to run. The petitioner chased her and pushed her in the field and again attempted to rape her. She escaped and again ran. But, the petitioner again chased her, pulled her thavani and forcibly brought her to a tree and again raped her. This occurrence was witnessed by P.W.2 and P.W. 3. On seeing P.W.2 and P.W. 3, the accused ran away from the place of occurrence. There after P.W. l walked upto the house of P.W.4 Rajalakshmi and requested her to give water. Before P.W.2 brings the water, P.W.1 got fainted and fell down. Then, P.W.1 went and informed P.W. 10 mother of P.W.1 and brought her to her house and then both of them took P.W. 1 to the house of P.W. 1. P.W. 1 was not able to talk for some mintues. Later, P.W.1 narrated the incident to P.W.10. P.W.10 then informed this to her husband. After knowing all these things, they were about to start for going to the police Station for giving complaint and at that time, this petitioner came there with aruval and threatened that if they go and give complaint, he would kill the entire family. Out of this they got frightened and did not go to the Police Station. Then on 20-8-87, P.W. 1, P.W. 10 and P.W. 12 father went to Thiruvidai marudur Police Station P.W. 1 filed Ex. P1 complaint. On that basis P.W. 13 Kalivamoorthy, Sub-Inspector registered a case in crime No. 212/87 under Sections 341, 323, and 376 of IPC. Then the Sub-Inspector recovered M.O.1 Pavadai, M.O.2 inskirt and sent them to the Court. Then he went to the occurrence place and there prepared observation Mahazar Ex. P2 attested by P.W.S. In the meantime, P.W.1 was sent to the hospital for medical examination. On 20-8-87, at about 10.45 pm. P.W.6 examined her and found six injuries and issued certificate Ex. P. 3, Though the doctor says that no injuries seen on chest, thighs and even in her private part, according to doctor P.W. 6 hymen was ruptured. P.W.7 doctor Gopalakrishnan examined the accused and gave certificate Ex. P5 stating that he is capable to have intercourse with a girl. Then all the M.Os. were sent for chemical analysis and the chemical analyst's report and the Serologist's report were received. According to P.W. 9 Manickavasagam, teacher working in the school in which the victim studied has given the date of birth of the victim P.W. l, as 2-7-70, P.W. 11, another doctor, on 25-6-88 examined the victim for finding out her age. She gave information that she must have completed the age of 18 on the date of examination i.e. 25-6-88. Her certificate is Ex. P. 12. P.W. 12 examined P.W.1 and took X-rays M. Os. 3 to 6. According to those X-rays he issued a certificate Ex. P.13. There based on the X-rays it is stated that the victim must have completed 18 and she is in between 18 and 20. P.W. 13 arrested the accused on 23-3-87. The further investigation was taken up by P.W. 14 inspector. After completing the investigation, P.W. 14 filed a charge sheet on 30-3-88 under Sections 341 and 376 of IPC before the 2nd Class Magistrate, Kumbakonam.