MURUGAN Vs. STATE

JUDGEMENT

(1.) The case of the prosecution as per the charge is that on 10.09.2006, the informant-Anjalai, her husband and mother-in-law, were proceeding to their village after watching the first show Cinema, since the bi-cycle got punctured, they were chasing the bi-cycle by walking. At about 10.00 P.M., when they reached near Rettnai Amman Kolathumedu road, all the three accused have obstructed the husband and mother-in-law of the informant and assaulted them by hands and caused injuries on them. On seeing the same, the informant attempted to escape from there by holding her tender baby. Thereafter, all the three accused chased the informant, snatched the tender baby and thrown out on the floor. Thereafter, they hold the hands and legs of the informant and lift her to a mango thoppu, where they laid her on the ground. Thereafter, the accused 2 and 3 where holding the hands and legs of the informant, the first accused tore her blouse and had sexual intercourse with her. Likewise alternatively, the other accused one by one had sexual intercourse with her. When P.W.4 husband of P.W.3 and father of P.W.2 searched them, on the way, he found P.W.1 to P.W.3 in unconscious state. P.W.4 had taken the victim-P.W.1 and the injured P.W.2 and P.W.3 to the Government Medical College Hospital, Villupuram. The informant, her husband and mother-in-law belongs to Irular Community (Scheduled Tribe), whereas the first accused belongs to Thuluva Vellalar Community and 2nd and 3rd accused belongs to Vanniyar Community the Revenue Divisional Officer, Ginji has also made enquiry and filed a Report regarding the Community of the victim and accused. Thereby, the accused 1 to 3 have committed the offences punishable under Sections 341, 323, 376 of IPC r/w 3(1) (XII) (V) of SC/ST Act 1989.

(2.) On the basis of the complaint given by the victim before the Periyathachoor Police Station, the Inspector of Police, Periyathachoor Police Station, has registered a case against the accused for the offences punishable under Sections 341, 323, 376 of IPC r/w 3(1) (XII) (V) of SC/ST Act 1989 in Crime No.192/2006. Since the accused have committed the offence punishable under Section 3(1)(XII) (V) of SC/ST Act 1989, the Inspector of Police, Periyathachoor Police Station forwarded the First Information Report to the Superintendent of Police, Villupuram Division. The case was also enquired by the Revenue Divisional Officer, Ginji with regard to the community of the victim, her husband and mother-in-law and he has also issued community certificate to that effect and filed a Report.

(3.) The Superintendent of Police, Villupuram Division took up the investigation and after completion of investigation, has laid a charge sheet before the Judicial Magistrate No.II, Tindivanam. The Judicial Magistrate No.II, Tindivanam, has taken the case on file in P.R.C.No.18/2007 and committed the same to the Principal District and Sessions Court, Villupuram. The Principal District and Sessions Court Villupuram, took the case on file in S.C.No.7/2008 and framed charges against the accused for the offence punishable under Sections 341, 323, 376 of IPC r/w 3(II) (V) of SC/ST Act 1989.