SHANMUGHAM Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred against the Judgement dated 25-8-1989, in S.O. No. 8 of 1987, on the file of Second Additional Sessions Judge, Chengalpattu, convicting the appellant for offences under Ss. 341, 366 and 376(2)(f), I.P.C. and sentencing him to undergo R.I. for one month, three years and ten years respectively. The substantive sentences were directed to run concurrently.

(2.) The prosecution case is as follows :-The prosecution has examined 10 witnesses, filed 18 exhibits and marked 4 material objects. P.W. 1 Sumathi, the victim in this case is as resident of Soonampedu colony, staying along with her mother, brother and sister. Her father is at Madras as Rickshawman. P.W. 1 Sumathi was aged about ten years at the time of occurrence. The appellant Shanmugham aged about 49 years, was the neighbour.

(3.) On 25-5-1986 at 4 p.m., P.W. 1 Sumathi, went for taking water for the pigs. At that point of time, the appellant asked her to come inside his house. P.W. 1 told that she was proceeding to her sister's house for getting ragi. Immediately the appellant pulled her right hand and forcibly took her inside the house and made her lie down and raped her, after gapping her mouth by inserting a cloth piece. After commission of the crime of rape, the appellant threatened her not to disclose anyone, including the parents. When she came out, the neighbours asked her as to what was happened, she did not tell then anything. After three days, when the mother of the victim P.W. 5 Nagammal insisted her, she narrated the events as to what was happened on the date of occurrence inside the house of the appellant. Thereafter, P.W. 5, the mother of the victim took P.W. 1/victim along with her husband (not examined) to the Soonampedu Police Station, where P.W. 1, the victim gave Ex. P-1 complaint. The Head Constable one Arumugham, who was then in charge of the police station registered the case in Cr. No. 86 of 1986 under S. 376, I.P.C. Ex. P-16 is the printed F.I.R. The Head Constable examined P.W. 1 Sumathi/victim, P.W. 5 Nagammal and others. He recovered the clothes worn by P.W. 1/victim, M.Os. 1 and 2, inskirt and shirt under Ex. P.17 mahazar. He then arrested the appellant and recovered the clothes M.Os. 3 and 4, under Ex. P-10 mahazar. P.W. 9 Ramanujan, Sub-Inspector of Police, who took up further investigation went to the spot and prepared Ex. P-18 rough sketch. He sent the clothes of both the victim and appellant, M.Os. 1 to 4 for chemical analysis.