GOPI @ SUNDARAMOORTHY Vs. STATE THROUGH INSPECTOR OF POLICE

JUDGEMENT

(1.) THIS appeal is directed against the conviction and sentence passed by the learned Sessions Judge/Mahila Court, Madurai on 29.9.2004 under Section 376 r/w Section 511, I.P.C.

(2.) THE case of the prosecution is as follows :

(3.) ON 10.7.2001, the said Ramya returned to home from the school without her sister Sathya. When Ramya was enquired about her sister Sathya, she said that one Gopi, the accused, called Sathya to play with him and both of them went to play. So, P.W.1, P.W.5 and P.W.6 searched for the missing girl and they found the accused along with the girl in the house of the accused and the accused was pressing the private part of the girl with his private part. The girl was crying. When the accused came to know of the arrival of P.W.1, P.W.5 and P.W.6, he ran away from the other side of the door. P.W.12 is one Manmathapandian who is the Inspector. He received the complaint and registered the same in Crime No. 205 of 2001 under Section 376, I.P.C. Ex.P8 is the printed First Information Report. He sent the affected girl to the Government Rajaji Hospital. At the time of occurrence, the victim girl was about 4 years old. P.W.9 is one Vallimayil. On hearing a noise on 10.7.2001, she went to the house of the accused where she asked P.W.1 about what had happened there. Thereafter, she came to know that the accused raped the girl and ran away and she had seen blood in the private part of the girl. P.W.2 is the Child Specialist in Government Rajaji Hospital. P.W.3 is another doctor working in Madurai Medical College. He examined the accused and found that he was good both physically and mentally and there was a crush injury in the front part of his private part to the extent of 1 x 0.25 cm. P.W.2 examined the girl and found no external or internal injuries. The opinion of lady doctor was also sought. P.W.12, the Inspector of Police, went to the scene of occurrence at 21.30 hours and prepared observation mahazar under Ex.P4 in the presence of P.W.8, Arumugam and one Mokkaiyan. Ex.P9 is the rough plan. He also recorded the evidence of P.W.1, P.W.5, P.W.6 and P.W.7. He also recorded other witnesses on that day. On 12.7.2001 at about 7.00 a.m., he arrested the accused near Sivan Temple at Vilachery village. The accused gave confession statement, which is Ex.P5. P.W.12, recovered M.O.3 -lungi of the accused. Then, the accused was taken to the hospital for examination wherein he was examined by P.W.3. P.W.3 gave the certificate of examination for sexual offence cases, which is Ex.P3, wherein he opined that the person is having normal physical and mental status and his secondary sexual characters are well developed. He also opined that there is a lacerated injury 1 cm x 0.25 cm x muscle deep seen on the trenular region and there is nothing to suggest that he is impotent. He also collected the samples of blood and saliva and handed it over to the Head Constable, Bodhathan. P.W.13 is the Kethiyathoppu Circle Police Inspector in Cuddalore District. He recorded the evidence of P.W.11, Dr. Deivanai and also P.W.2, Dr. Adhiyaman. He also recorded the evidence of Dr. Alavuddin, P.W.3. Thereafter, he filed the charge -sheet under Section 376, I.P.C. on 12.1.2002 against the accused.